Terms and Conditions for the Online Shop of Rocket Internet – No,118, Jalan Air Itam, 10460 Georgetown, Penang, Malaysia.
Phone: +6019-2600 666 Fax: +603-6411 6753
1) Scope of Application
All deliveries by Rocket Internet to Customers shall be made in accordance with the following Terms and Conditions. All offers and agreements between Rocket Internet and the Customers shall be based on these Terms & Conditions. Any deviating or conflicting Terms and Conditions of the Purchaser shall only be binding if they are confirmed in writing by Rocket Internet.
2) Conclusion of the Contract
· Offers provided in these Internet pages shall be subject to confirmation and not binding for us unless we have explicitly acknowledged them as being binding.
· A contract is concluded as follows: The Customer completes the Internet order form and sends it to us. By sending the completed order form via the Internet, the customer submits a binding offer for the conclusion of a purchase contract. Rocket Internet will confirm the receipt of the order immediately by sending an e-mail to the Customer. This shall not be considered as an acceptance of the order from the Customer but only as a confirmation of receipt. A binding contract shall only be entered into if Rocket Internet either a) confirms acceptance of the order as such within 14 days after receipt of the order, or b) sends the product to the Customer within the same period of time. If the order cannot be executed, Rocket Internet shall inform the Customer accordingly within 14 days after receipt of the order.
· The contract is concluded subject to the condition that Rocket Internet receives the deliveries from its sub-suppliers in due time and in the required quantity. If the ability to deliver depends on the receipt of deliveries from sub-suppliers and if these deliveries fail for reasons for which Rocket Internet is not responsible, Rocket Internet shall be entitled to withdraw from the contract. The Customer shall immediately be informed about the non-availability of the goods. Any counter-performance made by the Customer shall be reimbursed. In this case, the Customer shall not be entitled to claim damages.
· The same shall apply if the delivery is impaired to a considerable extent or made totally impossible as far as Rocket Internet is not responsible therefor. This shall include in particular the following events: fire, flood, industrial dispute, operational disturbance, strike and orders by public authorities outside the operational risk of Rocket Internet.
· Delivery dates and schedules shall only be binding if they have been explicitly confirmed in writing by Rocket Internet.
· If delivery is not possible within the agreed period of time, Rocket Internet shall inform the Customer in written form without delay, at the latest when the agreed period of time expires. In this case, the Customer shall be entitled to withdraw from the contract. This right of withdrawal must be exerted without delay by sending a written communication.
· Partial deliveries shall be admissible as far as it is not evident that the Customer has no interest in partial deliveries or cannot be reasonably expected to accept partial deliveries. If Rocket Internet makes use of this right, the costs for packaging and dispatch shall only be charged once.
· Deliveries shall be made within Malaysia and to some selected countries.
· Deliveries shall be performed by a forwarding company (e.g. DHL, UPS, PosLaju and etc.) to be selected by Rocket Internet. Transportation costs shall be borne by the Customer, depending on the order value and the place of delivery. The wording of the contract will be packed with the goods in the form of a calculation.
· The prices stated on the Internet pages at the date of the order shall apply.
· Prices are quoted from the place of business of Rocket Internet, including the VAT applicable in Germany (at the moment 19%), without the costs for packaging and dispatch.
· The costs for packaging and dispatch shall be invoiced separately to the Customer.
· In case of deliveries into non-EU states, the TAX included in the price quoted shall be deducted. If TAX is to be paid according to the legal regulations in the destination country, this TAX must be paid in addition when the goods are received. Furthermore, import duties might be due which have also to be paid additionally on receipt of the goods.
5) Terms of Payment
· The Customer has the option to pay either by credit card or by cash in advance (Bank Transfer).
· Rocket Internet shall be entitled to engage financial service providers for the payment process (e.g. banks, credit card organizations, etc.).
· If a Third Party is involved in the payment process according to para. 2 above, the payment of the Customer to Rocket Internet shall be deemed to have been effected only when the amount has been made available to the Third Party in accordance with the contract so that the Third Party can dispose freely of the money.
· If the mode of payment chosen by the Customer is not practicable for Rocket Internet or the financial service provider, in particular if there are no funds in the Customer's account or if the data specified by the Customer are not correct so that the payment process cannot be executed, the Customer shall be obliged to reimburse the extra costs incurred by Rocket Internet or the Third Party charged with the execution of the payment.
6) Retention of Title
The goods shall remain the property of Rocket Internet until all and any payments due to Rocket Internet have been settled. The retention of title shall lapse when the goods have been fully paid. The Customer shall not be entitled to dispose of the goods subject to retention of title. Until the passing of title, the Customer shall be obliged to treat the goods with utmost diligence.
7) Warranty / Guarantee
· The Customer shall inspect the goods immediately upon receipt and report any defect to Rocket Internet as soon as the defect is discovered. If the defect is covered by warranty, the Customer shall be entitled to request either repair of the goods or replacement delivery within the framework of the legal regulations.
· If repair or replacement delivery has failed after an adequate period of time, the Customer may either demand a reduction of the purchase price. The period for repairs or replacement deliveries shall be at least 4 weeks. Repair or replacement shall be deemed to have failed when two attempts to remedy the defect have been unsuccessful.
· The period of limitation for warranty claims concerning the goods supplied shall be one year after receipt of the goods.
· The guarantee period granted for cuckoo clock by Rocket Internet shall be 1 year.
· During the guarantee period, Rocket Internet shall bear all costs for material and labor required to restore functionality of the goods. Any lost parts, damage caused by inappropriate handling, glass damage, damage caused by leaked batteries or damage caused by dropping the clock shall not be included in the guarantee service. The costs for transportation to Rocket Internet or its service station in the Malaysia shall not be reimbursed.
· The guarantee does not include a right of rescission, reduction of the price or withdrawal from the contract. The Customer shall not be entitled to claim damages or the reimbursement of any other costs on the basis of the guarantee. Without prejudice to any legal warranty claims, the Customer shall be entitled to make use of the rights under the guarantee without any restrictions.
· In case of warranty or guarantee, the Customer must inform Rocket Internet about the defect/damage. Rocket Internet shall then determine the further procedure.
· 9. The Customer shall not be entitled to reimbursement of the repair costs if he has the goods repaired without the explicit consent of Rocket Internet. The costs for repairs approved by Rocket Internet shall be reimbursed when the Customers has provided evidence of the repair.
8) Limitation of Liability
In all other respects, the liability of Rocket Internet shall be subject to the legal provisions unless otherwise provided in these Terms and Conditions. Irrespective of the legal cause, Rocket Internet shall be liable for damages without limitation only in cases of deliberate action and gross negligence. In addition, Rocket Internet shall assume unlimited liability in case of ordinary negligence for injuries to life, limb or health. In case of ordinary negligence and the violation of an essential contractual obligation (material obligation), the liability of Rocket Internet shall be restricted to providing compensation for the typical predictable damage. Liability under the Product Liability Law shall not be affected by the preceding provisions.
9) Right of Revocation
· If the Customer is the end user, he shall be entitled to revoke the contract concluded with Rocket Internet within 14 days after receipt of the goods without specifying any reason. The revocation may be made in written form (e.g. by letter, fax or e-mail) or by returning the goods to Rocket Internet. The deadline shall start with the receipt of the goods and the information about this right of revocation, at the earliest. The deadline for the revocation shall be considered to have been observed if the revocation or the goods are dispatched in time. The declaration of revocation or the goods must be sent to:
No.118, Jalan Air Itam, 10460 Georgetown, Penang, Malaysia or via e-mail to: firstname.lastname@example.org
· If the Customer effectively exerts his right of revocation, he is obliged to return the goods. The Customer shall bear the costs for the return delivery.
· In case of a revocation of the contract, the Customer shall be obliged to preserve the goods in an impeccable condition (complete and undamaged goods, instructions for use, etc.) until they are returned to Rocket Internet. If the Customer is responsible for a deterioration or loss of the goods or any other impossibility, he shall be obliged to refund the reduction of value or the entire value. If the products or any other services are used before the right of revocation is exerted, the corresponding value must be reimbursed; the reduction of value caused by proper utilization of the product or by making use of any other service shall not be considered. In this case, the Customer shall only be liable for deliberate action of gross negligence.
· If the Customer makes use of his right of revocation, Rocket Internet agrees to reimburse any payments made by the Customer within 30 days after the Customer's declaration of revocation or receipt of the goods returned.
10) Technical Deviations and Differences in Design
· We explicitly reserve the right to modifications of material properties, color, weight, dimensions, design or similar characteristics of the products supplied as against the descriptions in our brochures, catalogs and any other written or electronic documents as far as the Purchaser may be reasonably expected to accept these modifications. Reasonable causes for such modifications may result from customary deviations and technical or manual production processes.
11) Contents of the Web offer
We are doing our best to keep our Internet pages up-to-date and to provide correct and complete information about our products. Although we check and maintain our pages with utmost diligence, errors cannot be completely excluded. Therefore, Rocket Internet cannot guarantee that the information provided in the Internet offer is always up-to-date, error-free and complete and therefore disclaims any liability for any damage or loss of any kind that might be caused, directly or indirectly, by the use of this Internet offer. All offers are subject to confirmation and not binding. We explicitly reserve the right to modify, supplement or delete the entire offer or parts thereof or to stop publishing it temporarily or definitely.
12) External references and links
We have included links and references into our Web site leading to Web sites of other providers for which we are not responsible as regards their contents and their being updated. Only the individual provider is responsible for these external contents. We therefore renounce any responsibility for all external contents and we shall not be held liable for any of these.
The layout of this homepage, the graphics and pictures used as well as all texts and any other contents of this Web site are protected by copyright. All rights, including the right of photomechanical reproduction, duplication and distribution thereof, in part or in total, are reserved by Rocket Internet.
14) Applicable Law
In accordance with these Terms and Conditions, the contract shall be governed exclusively by the Law of the Federal Republic of Malaysia.
15) Legal Venue/ Place of Performance
· In dealings with merchants, the place of performance for all deliveries and services to be provided shall be the registered place of business of Rocket Internet.
· 2. It is agreed that the court having jurisdiction at the place of performance shall be the legal venue if the Customer is a merchant in the sense of the Commercial Code (HGB), a legal entity governed by public law or a special trust under public law or has no general place of jurisdiction within the Federal Republic of Malaysia.
16) Severability Clause
If individual provisions of these Terms & Conditions are or become invalid, the remaining provisions shall remain in force.