Terms and Conditions

1. INTRODUCTION

  1. 1.1 The terms and conditions stated in this document regulate the terms on which the online platform (website and mobile application) known as Albaloo (“Albaloo”) that is operated by Nixo Innovations Sdn Bhd (Company No.: 1508959-A) markets, promotes and/or sells products ("Platform") by third party sellers (“Seller”) for the purchase of the said products by buyers (“Buyer”) and to any and all consumers who use the Platform, which includes Sellers and Buyers (“User”) which is a legally binding agreement (collectively referred to as “Terms and Conditions”).
  2. 1.2 Please read these Terms and Conditions carefully before using the Platform or opening an account on our Platform (“Account”) so that you are aware of your legal rights and obligations with respect to Albaloo, its affiliates and/or subsidiaries (individually and collectively, "Albaloo", "we", "us" or "our").
  3. 1.3 BY USING OUR PLATFORM, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.

2. ACCEPTANCE OF TERMS

  1. 2.1 The services on our Platform provides a place and opportunity for the sale of products between the Buyer and the Seller (collectively “you”, “Users” or “Parties”).
  2. 2.2 These Terms and Conditions shall only govern the general use of the Platform and the acquisition of products offered on the Platform between the Buyer and Seller. These Terms and Conditions should be read in conjunction with our Privacy Policy which will provide separate and detailed terms and conditions in relation to a particular activity.
  3. 2.3 Products that are advertised by third-party Sellers offered on the Platform shall be the sole responsibility of the said third-party Sellers. Albaloo and its associated companies assume no responsibility for any products and/or contractual relationship formed between the User, Sellers and Buyers.
  4. 2.4 The marking of the corresponding box on the acceptance of these Terms and Conditions, including following all the steps on our Platform electronically, means acceptance by the User and Seller, which shall have the same effect and validity as their handwritten signature. By acceptance of these Terms and Conditions, the User/ Seller acknowledges being a person with sufficient capacity to acquire the obligations derived from their actions through the use of the Platform, the content of which they have previously read and understood.
  5. 2.5 The sale of products under these Terms and Conditions shall apply and be available to users that are natural persons, have reached the age of majority and have the capacity to enter into a legally binding contract. For the avoidance of doubt, the legal age of majority is eighteen (18) years and above.
  6. 2.6 In the event the Platform has been accessed by a minor, it will be presumed that said access had been made with the prior and express authorisation of their parents, guardians or legal representatives, notwithstanding that Albaloo reserves the right to perform as many checks as deemed necessary.
  7. 2.7 For the avoidance of doubt, any issue that has not been expressly provided for in these Terms and Conditions shall be understood to be under the purview of Albaloo, without prejudice to the application of the provisions of current regulations.

3. MODIFICATIONS OF THE TERMS AND CONDITIONS

  1. 3.1 Albaloo reserves the right to amend, modify and/or update all or part of these Terms and Conditions with or without any notice. The User shall be solely responsible for keeping themselves informed and updated on any such modification, change, supplemental or update to these Terms and Conditions. In the event the modification, change, supplemental or update is of a substantial nature, the User will be informed and a request for his acceptance or rejection will be sent.

4. PLATFORM ACCESS & ACCOUNTS

  1. 4.1 Access to the Platform is completely free for Sellers to use the necessary data to make purchases. You may only use the Platform and/or open an Account if you are located in one of our approved countries, as updated from time to time.
  2. 4.2 Registration is not required to access and navigate on the Platform. However, in the event the User intends on making a purchase as a Buyer, the User is required to register an account on the Platform if the purchase has been made for more than MYR 500 For guest check-out that is for purchases made at or under 500, registration is not required. In the event that a User intends on selling a product on the Platform as a Seller, the User is required to register an account on the Platform. Registration of an account on our Platform can be done by selecting a unique user identification ("User ID") and password, and by providing certain personal information (“Account”). For Sellers, we will require additional information such as Identification Number, Company Name and/or Business Registration Number (if applicable). If you select a User ID that Albaloo, in its sole discretion, finds offensive or inappropriate, Albaloo has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. Albaloo has not reviewed, and assumes no responsibility for any third-party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms and Conditions and/or our Privacy Policy, may also apply to your use of those products, websites or services.
  3. 4.3 The User acknowledges that by creating an Account, the User agrees to the following:
    1. 4.3.1 That the User shall only log into his own Account and use his own password. Any and all passwords shall also be kept confidential;
    2. 4.3.2 Ensure that you log out from your account at the end of each session on the Platform to avoid any unauthorised use by any other besides the User;
    3. 4.3.3 In the event the User notices and/or recognise any unauthorised use of the User’s Account, User ID and/or password, you shall immediately notify Albaloo of any unauthorised use of your Account; and
    4. 4.3.4 Ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you.
  4. In the event the User fails to adhere to the above, Albaloo shall not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Terms and Conditions.
  1. 4.4 Albaloo reserves the right in our sole and absolute discretion, with or without notice or liability to you or any third party, remove, modify or discard any content that is uploaded by the User through his Account and User ID which Albaloo may reasonably believe is necessary. Notwithstanding the above, Albaloo may cancel or suspend any transactions associated with your Account and User ID, permanently withhold any sale proceeds, immediately suspend, freeze or terminate your Account and your User ID and/or any other actions that Albaloo deems necessary depending on the severity of the situation. These actions may be taken due to the following grounds which include, but not limited to, actual or suspected (a) extended periods of inactivity, as determined by us from time to time, (b) violation of the letter or spirit of these Terms and Conditions, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, (e) buying products on the Platform for the purpose of commercial re-sale, or (f) behaviour that is harmful to other Users, third parties, or the business interests of Albaloo.
  1. 4.5 Albaloo reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Albaloo shall not be held liable for damages or results arising from such cooperation and the User agrees not to bring any action or claim against Albaloo. For the avoidance of doubt, use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes or transactions may be referred to law enforcement authorities without notice to you.
  1. 4.6 When accessing the Platform, the User may block another user’s account by clicking on the other user’s account page and clicking ‘Block this User’. Users may also terminate their Account at any time upon notification to Albaloo in writing (including via email at support@albaloo.com of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact Albaloo after he or she has promptly and effectively carried out and completed all incomplete transactions according to this Terms and Conditions. Albaloo shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Terms and Conditions.
  1. 4.7 The User represents and warrants that any and all content, listing and/or data provided by the User whilst using the Platform are true, accurate, current and complete. The User further agrees that Albaloo shall not be held responsible and shall have no liability to the User and/or third party due to any incomplete, inaccurate or false information and/or data provided by the User. The User shall be solely responsible for any possible consequences, errors and failures that may arise from the lack of data quality or any inaccurate or false data.
  1. 4.8Albaloo reserves the right to change, modify, suspend or discontinue all or any part of the Platform or any of its services at any time or upon notice as required by local laws. Albaloo may release certain services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Albaloo may also impose limits on certain features or restrict your access to parts of, or the entire, Platform or its services in its sole discretion and without notice or liability.

5. LIMITED LICENCE & SOFTWARE

  1. 5.1 Albaloo grants you a limited and revocable licence to access and use the Platform subject to the terms and conditions of these Terms and Conditions. All proprietary content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property'') displayed on the Platform shall be the property of Albaloo and where applicable, third party proprietors identified on the Platform. No right or licence is granted directly or indirectly to any User accessing the Platform to use or reproduce any Intellectual Property, and no User accessing the Platform shall claim any right, title or interest therein. By using or accessing the Platform you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Platform, its services and content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Platform or its content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Platform on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
  2. 5.2 Any software provided by us to you on the Platform is subject to the provisions of these Terms and Conditions. Albaloo reserves all rights to the software hereunder. Any third-party scripts or code, linked to or referenced on the Platform, are licensed to you by the third parties that own such scripts or code, not by Albaloo.

6. ELECTRONIC CONTRACTING

  1. 6.1 The actual contract for sale shall be directly between Buyer and Seller and Albaloo is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. Once an order has been placed by the Buyer, this shall constitute a contract entered into directly between the Buyer and the Seller and the parties to such a transaction will be entirely responsible for the sales contract between them, the listing of products, warranty of purchase and the like.
  2. 6.2 Similarly, these Terms and Conditions shall apply as a contract between Albaloo and the Seller.
  3. 6.3 In accordance with the provisions of the applicable regulations, contracts entered into electronically will produce all the effects provided for by the legal system when consent and the other requirements necessary for its validity as provided under the Electronic Commerce Act 2006.
  4. 6.4 In all cases, the electronic support in which the electronic contract is recorded will be admissible as documentary evidence in the event of a dispute between the parties.
  5. 6.5 For these purposes, the User acknowledges that the monitoring of all phases of the purchase process and, where appropriate, the payment of the order made, shall imply the consent required by the User for contracting between the Buyer and Seller.
  6. 6.6 In the same way, all the information related to it is made available to the User, prior to the start of the contracting procedure.

Purchase procedure for BUYERS

  1. 6.7 The contracting procedure for the products offered is carried out electronically through the Platform. Any User can make a purchase for products offered through the Platform being publicly accessible without any restrictions on their viewing, unless provided under Clause 17.
  2. 6.8 For the avoidance of doubt, the information about the products and its prices displayed on the Platform shall not constitute an offer from Albaloo.
  3. 6.9 The complete procedure that must be followed by all Users who wish to acquire any of the products offered through the Platform, will consist of the effective performance of the following steps:
    1. (a)Once the User has accessed the Platform, for the items priced more than MYR 500, they must log onto their Account otherwise for products priced at MYR 500 or less, they can select those products that interest them and make a guest check out, by carefully reviewing their descriptions, as well as their characteristics, conditions, delivery times and final prices indicated in the descriptive sheet of each product, and specify the desired number of units for each of them. In this way, the selected products will be added to their shopping "Cart" on the Platform, allowing the User to continue with their purchase and leaving all selected products included in said "Cart". The User will be able to access their “Cart” at the top right corner of the page at any time.
    2. (b)Once all the desired products have been selected, the User must initiate the electronic purchase process by simply clicking on the " ‘’Proceed to Check Out’’ button.
    3. (c)In order to continue with the purchase, it is necessary to have all the User's data, therefore the User must enter data related to the control of the billing and shipment of the products. The User will go to a screen in which a series of personal and bank details will be required, as well as the selection from a series of options offered by Albaloo, the completion of which is essential to complete the purchase of the products through the Platform.
    4. (d)Regarding the "Payment Method" tab, the User must only choose the intended payment method from among those offered by Albaloo on the Platform, which are the following: debit/credit card (VISA or Mastercard), FPX and e-wallets through RevPay or any other similar payment service providers available on the Platform. For the avoidance of doubt, Albaloo will not have access to the User’s bank details as these are being directly managed by the Payment Gateway. The User is informed that payment through any of these modalities may be subject to particular conditions of these providers. Albaloo recommends that the User read, know and accept the particular conditions of the Payment Gateway that are independent of these Terms and Conditions.
    5. (e)After the payment is made, the User will receive an order confirmation e-mail, which will include a summary of the items purchased, the requested shipping method and the destination address. This will constitute a contract formed between the Buyer and Seller.
    6. (f)If at the time of payment, there is an incident that prevents payment, the User will receive an automatic payment error message, and their order will not be processed until the payment process is successfully completed.
  1. 6.10 These Terms and Conditions are freely available to all Users of the Platform from the following link [...].
  2. 6.11 Access to the contracting process is completely free, without any additional associated cost, apart from that of the User having an Internet connection.
  3. 6.12 All the products marketed on the Platform shall be described in their corresponding product sheets made available to Users, not including any issues that have not been expressly indicated therein to be included.
  4. 6.13 The contract between the Buyer and Seller is understood to be finalised from the moment the Buyer completes the contracting procedure by making payment as provided under Clause 6.9(e) . It is understood that the monitoring of all phases of the electronic contracting procedure and the inclusion of all the requested data, together with the marking of the corresponding box regarding the acceptance of these Terms and Conditions is understood as the Buyer's will to accept them.
  5. 6.14 Albaloo, as a provider of a service which collects information and links the Buyers to the Sellers, will file the electronic document in which this contract is formalised. The said electronic document will be accessible to the User, downloadable and printable, and containing these Terms and Conditions. Albaloo will send a confirmation email to the User in which it will confirm the effective completion of the purchase with the corresponding receipt.
  6. 6.15
  7. 15. Albaloo will introduce adequate and sufficient technical means to identify and correct any technical errors in the management of information as soon as the issue has been brought to the attention of Albaloo.
  8. 6.16 The language in which the contracting procedure will be processed and in which this contract is formalised will be in English unless otherwise indicated.

Procedure for SELLERS & Responsibilities

  1. 6.17 The complete procedure that must be followed by all Sellers who wish to sell any of their products through the Platform, will consist of the effective performance of the following steps:
    1. (a)Once the Seller has registered and logged into their Account, the Seller can access the Vendor Dashboard by clicking on ‘Vendor Dashboard’ under the ‘My Account’ tab.
    2. (b)Thereafter, the Seller can click on the side menu located on the left hand side of the page to access the section named ‘Products’.
    3. (c)Once the Seller has accessed the Products section, the Seller can click ‘Add New Products’ and must include the descriptions, as well as the characteristics, conditions and prices indicated in the descriptive sheet of each product, and specify the number of units available in stock.
    4. (d)The Seller will also be required to fill any other mandatory additional information that the Platform requires which has an asterisk symbol at the top. In cases of some events such as festivals, Albaloo reserves the rights to review the items listed by the Vendor before letting them to be posted.
    5. (e)Once all the necessary information has been filled and submitted, the product will be uploaded on the Platform.
  1. 6.18 The Seller shall properly manage and ensure that relevant information such as the price and the details of product(s), inventory amount and terms and conditions for sales is updated on the Seller’s listing and shall not post inaccurate or misleading information.
  2. 6.19 The price of product(s) for sale will be determined by the Seller at his/her own discretion but it should not exceed more than MYR 4500. The price of each product and shipping charges shall include the entire amount to be charged to the Buyer such as sales tax, value-added tax, tariffs, etc and the Seller shall not charge Buyer such amount additionally and separately. For the avoidance of doubt, the Seller shall be solely liable for any error, mistake and/or failure to calculate shipping charges accurately and/or any increase in charges imposed by the designated logistics provider.

Product characteristics

  1. 6.20 There are different categories of products that are offered and/or to be sold on the Platform. The categories of the products are as follows:
    1. 6.20.1. Fashion;
    2. 6.20.2. Home and Living;
    3. 6.20.3. Antiques;
    4. 6.20.4. Electronics;
    5. 6.20.5. Pet Supplies;
    6. 6.20.6. Groceries;
    7. 6.20.7. Home Appliances; and
    8. 6.20.8. Health and Beauty.
  2. 6.21 The data displayed on the Platform in each description of the products and services which includes, photographs, graphics, iconographic representations or videos, as well as trade names, trademarks or distinctive signs of any kind, are for illustrative purposes only. The Sellers shall take all reasonable measures and effort to ensure that the products are displayed accurately. Users and the Seller(s) agree that Albaloo will not be held responsible for any error in appearance in the said information and/or whether products received are not of the same appearance as photographs online.
  3. 6.22 The User acknowledges that he shall not buy and/or sell any product that is restricted or prohibited by the federal, state and/or any other local law in Malaysia. The list of products provided under Appendix 1 are listed as prohibited items that are not allowed to be bought and/or sold on the Platform (“Prohibited Item”). Any failure to adhere to this may result in the removal of the listing, confiscating proceeds in the Sellers Account and/or account deactivation at Albaloo’s sole discretion and without notice.
  4. 6.23 In the event any User is or becomes aware of any listing of a Prohibited Item or any other misleading product and information, they can click on ‘Report this item’ provided at the product detail page or report to Albaloo immediately through the customer service at support@albaloo.com.

7. PRICE AND PAYMENT

Prices

  1. 7.1 The current price of each product will at all times be the one indicated on the Platform, together with its description.
  2. 7.2 All prices are shown in Ringgit Malaysia unless expressly stated otherwise.
  3. 7.3 All prices shown are final prices, expressly including Sales and Service Tax (SST) and any other applicable taxes and/or expenses. The final price will also include the discounts that are applicable, delivery charges and expenses to be paid by the Buyer.

Payments

  1. 7.4 Once the User has proceeded to the checkout on the Platform and made payment through RevPay or any of the third-party payment operators made available on our Platform (“Payment Gateway”), the User will receive an order confirmation email in which all the information will be collected, regarding purchased products, their price, applicable taxes and any other information required by law.
  2. 7.5 All payments made by User(s) on the Platform shall be processed through third-party payment channels, which shall be hosted on the Platform under a secure SSL protocol and the type of credit or debit cards accepted by these payment channels may vary depending on the jurisdiction you are in.
  3. 7.6 The order will only be confirmed when Albaloo receives a confirmation of payment from the Payment Gateway and/or bank on receipt of payment. If the transaction is for any reason denied by the Payment Gateway or bank, or the total amount is not received (including any surcharges such as bank charges or delivery fees), the contract will be suspended, and the User will be informed that the transaction has not been completed.
  4. 7.7 Albaloo takes no responsibility and assumes no liability for any loss or damages to the Buyer arising from any shipping information and/or payment information entered by the Buyer or wrong remittance by the Buyer in connection with the payment for the items purchased. We and/or the Payment Gateway reserves the right to check whether the Buyer is duly authorised to use a certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.

Discount codes

  1. 7.8 Albaloo may periodically offer discount codes to its Users. The terms of the said discount will be specified on the Platform and shall only be used once for every order of the User. It shall not be valid to be used in conjunction with other discount codes and/or promotional items.
  2. 7.9 Notwithstanding Clause 7.8, Albaloo reserves the right to the following:
    1. (a)To refuse to allow the User to use the discount code or offer if Albaloo reasonably believe there has been a fraudulent usage; or
    2. (b)To reject the usage of the discount code prior to the User placing the order due to any other reason.

Seller Balance

  1. 7.10 Each Seller’s Account allows the storage of money received from sales proceeds made on the Platform (“Seller Balance”).
  2. 7.11 Albaloo will automatically make the payout to sellers once every month, specifically on the 11th of the following month. To receive the payment, the Seller needs to provide their bank account details to the platform. The Sellers acknowledge that such transfers may take up to seven business days to be credited to your Linked Account, as determined by Albaloo from time to time. For the avoidance of doubt, the Seller Balance shall not be spent, utilised and/or used on the Platform other than to be transferred to the Linked Account.
  3. 7.12 Money from the Seller's sale of items on the Platform shall be put on hold by Albaloo and will be credited to your Seller Balance within five (5) days after the item is delivered to the Buyer or till Buyer clicks on ‘Order Received’ upon delivery.
  4. 7.13 In the event of any of the following, the Seller hereby authorises us to initiate debit or credit entries to the Seller’s designated bank account, to correct such errors, provided that any such correction is made in accordance with applicable laws and regulations:
    1. (a)errors in the processing of any transaction(s);
    2. (b)in connection with any wrongly categorised products;
    3. (c)in connection with any fraudulent or suspicious transactions or activities;
    4. (d)in connection with any lost, damaged or incorrect items;
    5. (e)in connection with the settlement of any transaction dispute, including any compensation due to, or from the Seller;
    6. (f)to recover any outstanding amounts (including late payment fees and/or interest) owed by the Seller to Albaloo.
  1. 7.14 If we are unable to debit the Seller’s designated bank account for any reason, the Seller hereby authorises us to resubmit the debit, plus any applicable fees, to any other bank account or payment instrument that the Seller has made available to us or to deduct the debit and applicable fees from the Seller Balance in the future.
  1. 7.15 Albaloo reserves the right to limit, freeze or suspend your Seller Balance for any reason, including where Sellers fail to repay outstanding amounts due to us by the due date. If your Account has been terminated, deactivated or suspended in accordance with these Terms and Conditions, or your Account remains inactive (for such duration as Albaloo may prescribe from time to time), Albaloo shall be entitled to charge a fee for the administration of any remaining Seller Balance in your Account.

8. DELIVERY

  1. 8.1. The Seller shall make the necessary arrangements to have the purchased products delivered to the Buyer through the designated logistics provider of the Platform..
  2. 8.2. The purchased products will be delivered to the physical address stated by the Buyer when the order was made. Albaloo will not be liable for any delivery problems arising from incomplete or incorrect addresses supplied by the Buyer.
  3. 8.3. The User shall be informed that the delivery will incur shipping costs that are calculated based on the products purchased and which will be shown to the User at checkout before payment is made. Additionally, for items valued over MYR 200, a shipment coverage fee of 1.5% of the product price will be borne by the Buyer.
  4. 8.4. The estimated delivery date, which includes order preparation, will vary depending on the country, region and shipping method.
  5. 8.5. The Seller shall take all reasonable steps to ensure that the estimated delivery date is adhered to unless the occurrence of a force majeure event, an event beyond the control of Albaloo or the Seller or an unforeseen circumstance.
  6. 8.6. Users and Buyers acknowledge that the Seller/logistic provider shall bear all risk attached to the delivery of the purchased product(s). In the event the purchased product(s) is damaged, lost or fails to deliver during the course of delivery, the Buyer shall inform Albaloo and Albaloo shall inform and/or manage communications between the Seller and the logistics provider to resolve such dispute. For the avoidance of doubt, Albaloo will not be liable for any damage, expense, cost or fees resulted from any damaged, lost or failure of delivery during the course of delivery. Seller shall also bear the additional shipping cost of the dimension and weight inconsistency between what the seller added to the platform and what logistic provider measured at the sorting hub. Along with this, Seller will also bear the additional shipping cost if there is change of address in case of already placed orders.
  7. 8.7. In the event that the Buyer purchases more than one item, the Buyer acknowledges that the products may be delivered in different shipments.
  8. 8.8. Upon delivery of the products, the Buyer is required to confirm acceptance of such delivery on the Platform by pressing the ‘Order Received’ button. In the event the Buyer confirms the delivery, the product is considered delivered and the order is completed. Buyers have 5 days to confirm the acceptance of the products. After these 5 days, if the ‘Order Received’ button has not been clicked, the product is deemed delivered, and the order status will automatically change to ‘Complete’.
  9. 8.9. In the event the product(s) does not correspond to the product(s) ordered on the Platform or the products are damaged, the Buyer must immediately inform the Seller through email at support@albaloo.com.

9.CANCELLATION

  1. 9.1. The order stands cancelled if either the buyer cancels the order before shipment mentioning some specific reasons or the seller fails to ship the order on time. In both cases, the buyer will receive the refund in 7-14 working days.

10.TRANSACTION AND COMMISSION FEES

  1. 10.1. Albaloo charges a fee for all successful transactions completed on the Platform, including any other program fees that may be charged by Albaloo under any other program (“Transaction Fee”). The Transaction Fee charged for a successful transaction completed on the Platform is calculated at two point twelve percent (2.16%) of the Purchase Price, rounded up to the nearest cent (where applicable).
  2. 10.2. In addition to Transaction Fees, Albaloo also charges a fee for all successful transactions completed by Sellers on the Platform (“Commission Fee”). The Commission Fee is borne by the Seller, and is calculated at three percent (3%) of the gross purchase price of the product (“Commission Rate”). For the avoidance of doubt, the Commission Rate is applicable to all sellers regardless of the category of the product.
  3. 10.3. Following the successful completion of a transaction, Albaloo shall deduct the Transaction Fee and the Commission Fee including any applicable taxes from the Seller’s Balance account, and remit the balance to the Seller in accordance with these Terms and Conditions.

11.CUSTOMER SERVICE

  1. 11.1. Albaloo, as managers of the Platform and of marketing and selling the products offered on it, has a customer service available to Users, in which due attention will be given to all queries, complaints, claims and suggestions raised in relation to the purchase of products through the Platform.
  2. 11.2. Specifically, the contact channels made available to users are the following:
    1. (a)Platform: [www. Albaloo.com]. Available twenty-four (24) hours a day, seven (7) days a week.
    2. (b)Email: support@albaloo.com. Available twenty-four (24) hours a day, seven (7) days a week.
  3. 11.3. Once we have received communication from the User, we will try to respond to any claims or queries received as soon as possible, which in no case will exceed fourteen (14) calendar days from the time the User submitted the claim or query.

12. RULES OF USE OF THE PLATFORM

  1. 12.1. The licence for use of this Platform is effective until terminated. This licence will terminate as set forth under these Terms and Conditions or if you fail to comply with any term or condition hereunder. In any such event, Albaloo may effect such termination with or without notice to you.
  2. 12.2. The User agrees that in accessing and using the Platform, the User agrees not to:
    1. (a) Use the Platform for illegal or unauthorised purposes regardless of whether it is with or without economic purpose;
    2. (b) Use the Platform in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in third-party devices;
    3. (c) Use the Platform for the transmission, installation or publication of any virus, malicious code or other harmful programs or files;
    4. (d) Provide false or misleading information;
    5. (e) Use the Platform to collect personal data from other Users;
    6. (f) manipulate the price of any item or interfere with other User's listings;
    7. (g) Use the Platform illegally, against good faith, morality and public order;
    8. (h) Register through the Platform with a false identity, impersonating third parties or using a profile or performing any other action that may confuse other users about the identity of the origin of a message;
    9. (i) Access without authorization any section of the Platform, other systems or networks connected to the Platform, any server of the provider, or services offered through the Platform, by means of hacking or forgery, extraction of passwords or any other illegitimate medium;
    10. (j) Break, or attempt to break, the security or authentication measures of the Platform or any network connected to it, or the security or protection measures inherent to the content offered on the Platform;
    11. (k) Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Platform or in the systems or networks of the provider, as well as in the systems and networks connected to the Platform;
    12. (l) Prevent the normal development of an event, contest, promotion or any other activity available through the Platform or any of its functionalities, either by altering or trying to alter, illegally or in any other way, access, participation or operation of the same, or falsifying the result of the same and/or using fraudulent participation methods, through any procedure, and/or through any practice that attempts or violates these Terms and Conditions in any way;
    13. (m) use the Platform to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
    14. (n) Violate any applicable laws, rules or regulations in connection with the User’s access or usage of the Platform;
    15. (o) Communicate through the Platform or any of the channels enabled by it, content that violates the secrecy of communications or involves an infringement of Intellectual and Industrial Property Rights or the regulations governing the protection of personal data;
    16. (p) Communicate through the Platform or any of the channels enabled by it, content that contains "spam" and/or links to sites unrelated to the corresponding space; or
    17. (q) list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Platform in a manner which will infringe the intellectual property rights of others.
  1. 12.3. In the event the User fails to comply with any of the above obligations by the User, Albaloo reserves the right to take necessary measures which include cancelling the User’s order, blocking the User’s account and/or deny, restrict, suspend or terminate the User’s access to the Platform or its services, without prior notice.
  2. 12.4. You understand that any and all content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. This means that you, and not Albaloo, are entirely responsible for any and all content that you upload, post, email, transmit or otherwise make available through the Platform. You understand that by using the Platform, you may be exposed to content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will Albaloo be liable in any way for any content, 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, or reliance on, any content posted, emailed, transmitted or otherwise made available on the Platform by Sellers or Users.
  3. 12.5. You acknowledge that Albaloo and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any content and/or product, including without limitation any content, product or information posted by you, that is available on the Platform without any liability to you. Without limiting the foregoing, Albaloo and its designees shall have the right to remove any product, content and/or information (i) that violates these Terms and Conditions; (ii) if we receive a complaint from another User; (iii) if we receive a notice or allegation of intellectual property infringement or other legal instruction or request for removal; or (iv) if such product, content or information is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any product or content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such product or content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any product information or content created by Albaloo or submitted onto the Platform.
  4. 12.6. You acknowledge, consent to and agree that Albaloo may access, preserve and disclose your Account information, product and content to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over Albaloo or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any product or content violates the rights of third parties, including intellectual property rights; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Albaloo, its Users and/or the public.

13. TRANSFER OF TITLE AND RISK IN THE PRODUCTS

  1. 13.1. The title and risk in the products shall pass to the Buyer when the product(s) are dispatched from the warehouse to be delivered to the Buyer’s address as provided in the order. This is provided that full payment has been made and received by Albaloo.

14. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

  1. 14.1. The Platform and all of the information and materials included on it, which include but are not limited to, the platform itself, texts, photographs or illustrations, product information, designs, logos, videos, music, sound, audio clips, trademarks, registered trade names, distinctive signs graphics, designs, interfaces, and any other information or content, and the services available through it (“Intellectual and Industrial Property Rights”) are either owned or licensed by Albaloo or Sellers.
  2. 14.2. Albaloo does not allow listings that violate the intellectual property rights of brands or other intellectual property rights owners (“IPR Owner”). Except where expressly stated otherwise, the Users and/or Sellers are independent individuals or businesses who are not associated with Albaloo in any way and Albaloo is neither the agent nor representative of the Users and does not hold and/or own any of the merchandise listed on the Platform.
  3. 14.2. The access, navigation and use of the Platform and/or the use, acquisition or contracting of products or services by the User shall not constitute a waiver, transmission, licence or total or partial transfer of such Intellectual and Industrial Property Rights by Albaloo or Sellers. The User shall only be permitted to use the content and/or the services provided on the Platform for his own personal use and solely for the purpose of enjoying the benefits of the service in accordance with these Terms and Conditions.
  4. 14.4. The User is prohibited from modifying, copying, reproducing, publicly communicating, transforming or distributing, by any means and in any form, in whole or in part, the Intellectual and Industrial Property Rights contained in the Platform, for public or commercial purposes, without the prior written consent from Albaloo or the owner of the corresponding rights.
  5. 14.5. If the User becomes aware of the existence of any product or content that is illicit, illegal, contrary to the law or that could imply an infringement of intellectual and/or industrial property rights, the User shall immediately notify Albaloo through the email address: support@albaloo.com
  6. 14.6. In the event that any of the products or contents of the Platform by Albaloo or Sellers violates any intellectual and/or industrial property rights of an IPR Owner, as well as any other rights, kindly write to support@albaloo.com with the following information:
    1. (a) Identification data and means of contact of the claimant and/or their legal representative of an IPR Owner including name, address, telephone number and e-mail address;
    2. (b) Description of the type and nature of intellectual property right that is allegedly infringed;
    3. (c) Documentation proving their status as owner of the allegedly infringed rights;
    4. (d) Detailed account of the rights allegedly infringed by Albaloo, as well as their usage within the Platform;
    5. (e) URL(s) of the listing(s) which contain the allegedly infringement;
    6. (f) Express statement by the claimant that such alleged infringement has been made without the consent of the IPR Owner.
  1. 14.7. In the event the User sends any kind of information to Albaloo through the email provided, the User declares, guarantees and accepts that it is accurate, legal and the User is the owner of the said information. The information shall not infringe any intellectual property right, industrial, commercial secret, confidential information or any other rights of any third party.
  2. 14.8. Each and every Seller agrees to hold Albaloo harmless from all claims, causes of action, damages and judgments arising out of any removal of any content or product listings pursuant to or in relation to any intellectual property infringement claim.

15. LINKS

Links to third-party sites

  1. 15.1. In the event that links to other third-party web pages through advertisements, buttons, links, banners or embedded content are displayed on the Platform, Albaloo shall take no responsibility or be liable for the operation, access, data, information, files, quality and reliability of its products and services and/or any other information provided and managed on the third-party web page.
  2. 15.2. In the event the User chooses to access the third-party web page, the User shall be operating at its own risk. The usage of the said web page shall be governed by its terms and conditions, and any queries shall be directed to the relevant operators.
  3. 15.3. If the Users have effective knowledge that the activities carried out through these third-party web pages are illegal or contravene morality or public order, the User must immediately notify Albaloo so that the link can be disabled and necessary action will be carried out as soon as possible.
  4. 15.4. In all cases, the establishment of any type of link from the Platform to another external web page will not imply that there is any type of relationship, endorsement, collaboration or dependency between the provider and the third-party responsible for said external web page.

  5. Links to Albaloo channels on other platforms and social networks

  6. 15.5. Albaloo makes available links that allow Users to access the channels and pages of the Platform that the provider maintains on different platforms and social networks owned or managed by third parties, which include but are not limited to, Facebook, Twitter, Pinterest and Google+. The inclusion of these links on the Platform has the sole purpose of facilitating users' access to said channels on different platforms and social networks.
  7. 15.6. The establishment of these applications does not imply the existence of any relationship between Albaloo and the owner, manufacturer and/or distributor of the linked platform, nor the acceptance and approval by Albaloo of its contents or services. Albaloo assumes no responsibility over the platform and the owner, manufacturer or distributor shall be solely responsible.
  8. 15.7. The User acknowledges that Albaloo does not under any circumstance share with Facebook, Twitter, Pinterest, Google+ or any other applicable social network any type of private information about its users. As a result of this, all the information that the User wishes to provide to these platforms will be under their own responsibility, and Albaloo will not intervene in the said process.
  9. 15.8. The activation and use of these applications may entail the identification and authentication of the User (login/password) on the corresponding platforms, completely external to the Platform and beyond the control of Albaloo. By accessing these external networks, the User enters an environment that is not controlled by Albaloo, and it will not assume any responsibility for the security configuration of the said platforms.
  10. 15.9. Given that the provider has no control over content hosted on the said platform, the User acknowledges and accepts that the provider does not assume any responsibility for the content, products, services, advertising, or any other material available.
  11. 15.10. For this reason, the User must exercise extreme caution in the evaluation and use of the information and services existing in linked channels, and regarding their own information or that of third parties that they want to share on the platform.

  12. Links on other web pages to the Platform

  13. 15.11. Albaloo does not authorise the establishment of a third-party link to the Platform from any pages that contain illicit, illegal, degrading, obscene materials, information or content and, in general, that contravene laws, morals or public order, or generally accepted social norms.
  14. 15.12. Albaloo does not have the ability and/or means to know, control or approve all the information, content, products or services provided by other web pages that have established links to the Platform. As such, Albaloo does not assume any type of responsibility for any aspect related to the web page that links to the Platform, which includes but is not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its Contents in general.
  15. 15.13. Notwithstanding the above, users may establish links on their respective web pages that lead to the Platform, as long as they comply with the following conditions:
    1. (a) The link may not reproduce the content of the Platform or parts of it in any way;
    2. (b) They must not create a browser or a border environment on sections of the Platform, nor can the Platform be modified in any other way;
    3. (c) They must not make false, inaccurate or incorrect statements or indications about the Platform and/or, in particular, declare or imply that the provider has authorised the link or has supervised or assumed in any way the contents or services offered or made available on the web page on which said link is established; and
    4. (d) The web page in which the link to the Platform is displayed will not contain illicit information or content, contrary to morality and generally accepted good customs and public order, nor will it contain content contrary to any rights of third parties, including those intellectual and industrial property rights and/or the right to honor, to personal or family privacy or to one's own image or any other right, or content contrary to the regulations governing the protection of personal data.

16. RESPONSIBILITIES AND GUARANTEES

Disclaimers

  1. 16.1. The User acknowledges that any photographs, texts, graphics, information and reproduced characteristics that illustrate the products for sale are merely illustrative and may vary from the actual product. However, kindly be informed that Albaloo has ensured that any content, data and/or information in relation to the price, characteristics and/or description of the products available on the Platform have been displayed and presented as reliable, truthful and accurate as possible.
  2. 16.2. Albaloo shall take no responsibility or liability for any information provided by third parties that have been modified, changed and/or removed which may be displayed or informed by third-party sites.

Liability

  1. 16.3. Nothing in these Terms and Conditions shall exclude Albaloo's liability for:
    1. (a)Personal injury or death resulting from Albaloo' negligence;
    2. (b)Fraud or fraudulent misrepresentation;
    3. (c)Breach of any obligations that are required under Malaysia’s Consumer Protection Act 1999 and/or any other applicable consumer law; or
    4. (d)Any other cause of action which cannot be limited or excluded under applicable law.
  1. 16.4. Pursuant to Clause 16.3, Albaloo ' liability with respect to any loss or damages suffered by the User shall only be limited to the total amount spent by the User in purchasing the products in the particular order. Albaloo will not be liable for any losses or damages that are not foreseeably seen by Albaloo at the time the contract was formed.
  2. 16.5. For the avoidance of doubt, Albaloo shall not be liable for any delay or failure to perform any of its obligations under these Terms and Conditions which is caused by a Force Majeure Event, which shall include but not be limited to fire, explosion, floods, acts of God, strikes, curfews, acts of war, terrorism, outbreaks, epidemics, pandemics or movement restrictions, travel restrictions, import and export restrictions or restricted operations imposed by any laws, regulations or guidelines by the relevant authorities or by other causes which is beyond the reasonable control of Albaloo. 

Limitation of Liability

  1. 16.6. Notwithstanding Clause 16.3 above, the User expressly acknowledges that the User has read, understood and agrees that Albaloo shall not be liable to you for any of the following:
    1. (a) That the Platform will display and/or continue to display certain or updated contents;
    2. (b) That the Platform shall meet your requirements and/or expectations;
    3. (c) That the Platform and or its contents shall be absent from errors;
    4. (d) That the Platform may be subject to invulnerability due to the violation and non-adherence of a third party;
    5. (e) That the Platform and/or the server is free of viruses, worms, trojan horses or other harmful components;
    6. (f) That the Platform shall remain uninterrupted or undisturbed during your use of the same;
    7. (g) That the content or information available on, contained in or offered on the Platform are available, accurate or useful;
    8. (h) That the Platform is always accessible, accurate, complete, operational, reliable, useful or of quality;
    9. (i) Any loss or damage suffered by the User which is the cause of any other party’s failure to adhere to the Terms and Conditions or the Platform’s security system;
    10. (j) That the Platform shall operate or function properly on your operating system, mobile device or any other device; and
    11. (h) That the Platform shall not cause any damage to your operating system, mobile device or any other device.
  1. 16.7. However, kindly be informed that Albaloo has taken all necessary and reasonable measures to guarantee the operation of the Platform and reduce system errors to a minimum from a technical point of view.
  2. 16.8. Albaloo does not guarantee the legality, reliability and usefulness of the content provided by third parties through the Platform. If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could imply an infringement of the rights of third parties, the User must immediately notify Albaloo so that it can proceed to take the necessary measures.
  3. 16.9. Albaloo will not be responsible for the veracity, integrity or updating of the information published on the Platform from sources other than the Platform, nor for that contained on other platforms linked from the Platform. Albaloo will also not assume responsibility for hypothetical damages that may arise from the use of the aforementioned information.

17. SUSPENSION OF THE PLATFORM

  1. 17.1. Albaloo reserves the right to suspend, restrict and/or interrupt, either temporarily or permanently, the User from accessing, browsing, using, hosting and/or downloading any content or use of services on the Platform, with or without prior notice, to Users who contravene or fails to comply with any of the provisions provided under these Terms and Conditions. For the avoidance of doubt, the User shall not be entitled to demand any compensation for the said suspension, restriction and/or interruption.
  2. 17.2. In the event Albaloo detects any infringement, a commission of a crime and/or misuse of the contents provided on the Platform by the User, Albaloo reserves the right to inform and collaborate in a timely manner with the competent police and governmental authorities.

18. DISCLAIMERS

  1. 18.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY ALBALOO ARE PROVIDED "AS IS", “ AS AVAILABLE” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY ALBALOO OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, CONDITION, DURABILITY, ACCURACY, RELIABILITY MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALBALOO DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE PLATFORM AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
  2. 18.2. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PLATFORM AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
  3. 18.3. ALBALOO HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF PRODUCTS AVAILABLE VIA THE PLATFORM; OR (B) THE ABILITY OF SELLERS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE ALBALOO FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.

19. INDEMNIFICATION

  1. 19.1. The User shall be solely responsible for any damage or loss caused to Albaloo, it's subsidiary or affiliated companies, associated companies, licensors, associated service providers and their subcontractors, other users of the Platform, or any other individual or legal entity as a result of your breach or violation, whether directly or indirectly, of the terms of these Terms and Conditions.
  2. 19.2. The User hereby agrees to defend, indemnify, keep indemnified and hold harmless Albaloo, its subsidiary or affiliated companies, associated companies, licensors, associated service providers and subcontractors against any and all costs, claims, liabilities, losses and/or damages arising out of or in connection with your breach or violation, whether directly or indirectly, of these Terms and Conditions or your use or misuse of the Platform.
  3. 19.3. The User reserves the right, at your expense, to exercise exclusive and sole control over the defence, of any matter subject to indemnification by you.

20. NOTIFICATIONS

  1. 20.1. All communications between Albaloo and the User regarding the placing of orders, usage of the Platform and/or any other matters will be made in writing and in accordance with the communication procedures established in these Terms and Conditions for each particular case.

21. LANGUAGE AND PRECEDENCE

  1. 21.1. Albaloo may translate these Terms and Conditions and/or any other operating rule, policy or procedure that may be published on the Platform to a different language as may be deemed necessary. In the event there is any contradiction or inconsistency between the English language version and any other translation of these Terms of Conditions, the English language version shall take precedence.

22. CONFIDENTIALITY AND DATA PROTECTION

  1. 22.1. In accordance with the provisions of the Personal Data Protection Act 2010 on the protection of personal data and guarantee of digital rights, all personal data provided by the User during the use of the Platform will be treated in accordance with the provisions of the Privacy Policy, which the User must expressly accept in order to use and register on the Platform.
  2. 22.2. Please refer to our Privacy Policy on our Platform for more detail.

23. PARTIAL NULLITY

  1. 23.1. All the clauses of these Terms and Conditions must be interpreted independently and autonomously. In the event any clause or provision of these Terms and Conditions are held to be illegal, null and/or enforceable under any enactment, legislation rule of law, or court order, such term or provision or part shall to the extent that it has been held to be illegal or unenforceable, be severed and deemed not to form part of these Terms and Conditions. The affected clause or clauses will be replaced by another or others that preserve the effects pursued by the Terms and Conditions of the Platform.

24. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION

  1. 24.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia.

25. DISPUTE RESOLUTION

  1. 25.1. In the event any dispute, difference, claim or question arises from disputes that arise online in regards to consumer matters, the User can contact Albaloo by mail at the electronic or physical address indicated in Clause 1 to inform of such dispute, difference, claim or question. The User and Albaloo will commit to seeking an amicable solution by negotiation.
  2. 25.2. In the event the dispute, difference, claim or question fails to be settled through negotiation, the parties agree to submit to the exclusive jurisdiction of the Courts of Malaysia.

26. MISCELLANEOUS

  1. 26.1. Headings: The headings of the different clauses are for information only, and will not affect, qualify or expand the interpretation of these Terms and Conditions. Albaloo reserves the right to modify these Terms and Conditions, in whole or in part, as set out in Clause 3.
  2. 26.2. Specific Conditions: The contracting of any product and/or payment service offered by Albaloo will be regulated by the general and/or particular conditions of each specific service provided for that purpose. In the event of a discrepancy between the provisions of these Terms and Conditions and the particular conditions of each specific service on the Platform, the provisions of the latter shall prevail.
  3. 26.3. Waiver: The non-exercise or enforcement by Albaloo of any right or provision contained in these Terms and Conditions do not constitute a waiver of the same unless acknowledgement and agreement are expressed in writing.
  4. 26.4. Acknowledgement and Agreement: The User acknowledges and agrees that the User has read and understood these Terms and Conditions.

ONLINE AUCTION TERMS AND CONDITIONS

27. INTRODUCTION

  1. 27.1. The terms and conditions stated under this section will regulate the terms on which any auction and/or bidding made by the Seller and/or Buyer on the auction site of the Platform (“Auction Terms and Conditions”).
  2. 27.2. These Auction Terms and Conditions shall be read in conjunction with the Terms and Conditions stated above. In case of any inconsistencies between the Auction Terms and Conditions and the Terms and Conditions, the Terms and Conditions provided above shall prevail.
  3. 27.3. Please note that you must be over eighteen (18) years of age to buy and/or sell products through auction on the Platform.

28. BIDDING

  1. 28.1. Buyers may browse through the auction section and click on the link to the product which the Buyer wishes to bid.
  2. 28.2. By proceeding with the auction, the Buyers are deemed to have agreed and accepted the Auction Terms & Conditions and Terms and Conditions respectively.

BIDDING PROCEDURES

  1. 28.3. The Buyer will have to log in to his account and click on the link to the auction product that he wishes to bid. The Buyer shall take note of the starting and end date and time of the auctioned product.
  2. 28.4. Once the Buyer is certain that he wishes to bid on the product, the Buyer can click on the ‘Place a Bid’ button on the page. The Buyer acknowledges that he shall bid on the auctioned product using fixed bidding amounts in accordance with the bid increment table below. The maximum bid allowable under this auction framework is capped at MYR 4,500.
Current price  Bid increment 
MYR0.01–MYR0.99  MYR0.05 
MYR1.00–MYR4.99  MYR0.25 
MYR5.00–MYR24.99  MYR0.50 
MYR25.00–MYR99.99  MYR1.00 
MYR100.00–MYR249.99  MYR2.50 
MYR250.00–MYR499.99  MYR5.00 
MYR500.00–MYR999.99  MYR10.00 
MYR1000.00–MYR2000 MYR25.00 
  1. 28.5. Pursuant to Clause 28.4, the Buyer shall make payment within two (2) days, failing which the Seller shall have the option to re-list the product on the Platform. If the Buyer makes payment within two (2) days no further bids will be accepted.

29. LISTING OF PRODUCT

  1. 29.1. Once the Seller has registered and logged into their Account, the Seller can access the Vendor Dashboard by clicking on the ‘Vendor Dashboard’ under the ‘My Account’ tab.
  2. 29.2. Thereafter, the Seller can click on the side menu located on the left hand side of the page to access the section named ‘Auction’.
  3. 29.3. Once the Seller has accessed the Auction section, the Seller can click ‘Add New Auction Product’ and must include the description, as well as the characteristics, condition, starting price, reserved price (optional), buy it now price (optional) and the starting date and time of the auctioned product.
  4. 29.4. The Seller will also be required to fill any other mandatory additional information that the Platform requires which has an asterisk symbol at the top. It is to be mentioned here that the starting price of the auction shall not exceed MYR 2,000. Furthermore, the buy it now price shall be set at a maximum of MYR 4,500.
  5. 29.5. Once all the necessary information has been filled and submitted, the Seller can click the ‘Add Auction Product’ button and the product will be uploaded on the Platform.

30. POST ONLINE AUCTION

  1. 30.1. The Buyer with the highest bid shall be deemed successful and the Buyer shall be directed to another page where he shall enter all the relevant data related to the control of the billing and shipment of the product. The User will go to a screen in which a series of personal and bank details will be required, as well as the selection from a series of options offered by Albaloo, the completion of which is essential to complete the purchase of the product through the Platform.
  2. 30.2. Regarding the payment, the Buyer must only choose the intended payment method from among those offered by Albaloo on the Platform, which are the following: debit/credit card (VISA or Mastercard),FPX and e-wallets through RevPay or any other similar payment service providers available on the Platform. For the avoidance of doubt, Albaloo will not have access to the Buyer’s bank details as these are being directly managed by the Payment Gateway. The Buyer is informed that payment through any of these modalities may be subject to particular conditions of these providers. Albaloo recommends that the Buyer read, know and accept the particular conditions of the Payment Gateway that are indepen dent of these Auction Terms and Conditions.
  3. 30.3. Subject to Clause 28.5 above, the User will receive an order confirmation e-mail, which will include a summary of the items purchased, the requested shipping method and the destination address. This will constitute a contract formed between the Buyer and Seller.
  4. 30.4. The Buyer is obliged to pay the successful bidding price within two (2) days from the date of bid submission. If payment is not received in full within this time, we reserve the right to re-auction and/or re-list the relevant product(s) or award the product(s) to another bidder.

31. DELIVERY

  1. 31.1. The Seller shall make the necessary arrangements to have the purchased products delivered to the Buyer through the designated logistics provider of the Platform..
  2. 31.2. The auctioned product will be delivered to the physical address stated by the Buyer when the order was made. Albaloo will not be liable for any delivery problems arising from incomplete or incorrect addresses supplied by the Buyer.
  3. 31.3. The User shall be informed that the delivery will incur shipping costs that are calculated based on the products purchased and which will be shown to the User at checkout before payment is made. Additionally, for items valued over MYR 200, a shipment coverage fee of 1.5% of the product price will be borne by the Buyer.
  4. 31.4. The estimated delivery date, which includes order preparation, will vary depending on the country, region and shipping method.
  5. 31.5. The Seller shall take all reasonable steps to ensure that the estimated delivery date is adhered to unless the occurrence of a force majeure event, an event beyond the control of Albaloo or the Seller or an unforeseen circumstance.
  6. 31.6.Users and Buyers acknowledge that the Seller/logistic provider shall bear all risk attached to the delivery of the purchased product(s). In the event the purchased product(s) is damaged, lost or fails to deliver during the course of delivery, the Buyer shall inform Albaloo and Albaloo shall inform and/or manage communications between the Seller and the logistics provider to resolve such dispute. For the avoidance of doubt, Albaloo will not be liable for any damage, expense, cost or fees resulted from any damaged, lost or failure of delivery during the course of delivery. Seller shall also bear the additional shipping cost of the dimension and weight inconsistency between what the seller added to the platform and what logistic provider measured at the sorting hub. Along with this, Seller will also bear the additional shipping cost if there is change of address in case of already placed orders.
  7. 31.7. Upon delivery of the auctioned product, the Buyer is required to confirm acceptance or such delivery on the Platform by pressing the ‘Order Received’ button . In the event the product(s) does not correspond to the product(s) on the Platform, the products are damaged and/or the Buyer fails to receive it, the Buyer must immediately inform the Seller through email at support@albaloo.com.

32. TRANSACTION AND COMMISSION FEES

  1. 32.1. Albaloo charges a transaction fee for all successful auctions conducted on the Platform, including any other program fees that may be charged by Albaloo under any other program (“Transaction Fee”). The Transaction Fee charged for a successful auction completed on the Platform is calculated at two point twelve percent (2.16%) of the total purchase price, rounded up to the nearest cent (where applicable).
  2. 32.2. In addition to the Transaction Fee, Albaloo also charges a fee for all successful auctions completed by Sellers on the Platform (“Commission Fee”). The Commission Fee is borne by the Seller, and Commission Rate is calculated at three percent (3%) of the gross purchase price of the product. For the avoidance of doubt, the Commission Rate is applicable to all sellers regardless of the category of the product.
  3. 32.3. Following the successful completion of a transaction, Albaloo shall deduct the Transaction Fee and the Commission Fee including any applicable taxes from the Seller’s Balance account, and remit the balance to the Seller in accordance with these Terms and Conditions.

33. OUR RIGHTS TO CANCEL OR TERMINATE THE CONTRACT

  1. 33.1. We reserve the right to terminate a contract to buy and/or sell products via our Platform in the event of a material breach of these terms, our Terms and Conditions and/or our Privacy Policy. For the avoidance of doubt, a material breach of these terms shall include (i) a buyer failing to making payments due, (ii) buying and/or purchase of Prohibited Items and (iii) a Buyer or Seller becoming subject to administration, liquidation or any form of bankruptcy proceedings.
  2. 33.2. Where we terminate a contract with a seller or a buyer, we reserve the right to ban such parties from using our Platform and services again.