These Terms and Conditions govern the use of Toy World (“TW”) website by you and the purchase of any products supplied by TW (“Products”). By using TW’s website, you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions. TW reserves the right to amend or update such Terms and Conditions at any time without prior notice to you. You are required to register as an authorized user of the website to use any of the services provided on TW’s website.
First and foremost, TW’s products and delivery service is valid for MALAYSIA COUNTRY ONLY. For OVERSEA BUYERS, you need to provide your own transportation account such as DHL, UPS, FedEx and more for TW to courier your goods. You might have to bear with the courier fees that charge you expensively.
We provided free delivery service within Klang Valley area only.
1.1 Please ensure that the details provided by you on registration or at any time during the use of TW’s website are correct and complete.
1.2 Any changes to the information that were provided when registering must be informed to TW immediately by updating your personal details.
1.3 TW may refuse, suspend, cancel or terminate your registration immediately at its discretion for any reason whatsoever.
1.4 All testimonials submitted, irrevocably grants TW, its parent, subsidiaries, affiliates, successors, and those acting with its authority to make use of, reproduce and to otherwise utilize the said testimonial by any means, methods and technologies now known or hereafter discovered, for all promotional, marketing and advertising purposes.
2. Basis of Purchase
2.1 The purchase order (“Order”) constitutes an offer by you to purchase the products supplied by TW. The quantity, specification, description and price of the Products shall be those set out in the Order unless otherwise stated.
2.2 TW reserves the right to make any changes in the specification of the Products, which are required to conform to any applicable statutory requirements.
2.3 You may place the Order via the following methods:-
a. by facsimile to TW’s facsimile number at 03-4044 8500; or
b. login to TW’s website at http://www.toyworld.com.my
2.4 No contract for sale of the Products will subsist between the parties unless and until TW receives the Order. At all times TW’s acceptance of an Order takes place, the purchase will be made and you will be charged for your Order.
2.5 The Order is prima facie evidence of the contract for the Products between you and TW.
2.6 You shall be responsible to TW for ensuring the accuracy of the terms of the Order submitted and there shall be no variation and/or cancellation to the Order.
2.7 TW shall not be liable for any financial loss arising out of the refusal, cancellation or withdrawal of the Order by TW.
2.8 There is a minimum order of RM50 for each transaction.
All Products are subject to availability. TW shall not be liable to you if TW is unable to supply the Products for any reason whatsoever.
4.1 All prices of the Products shall be those set out on TW’s website unless otherwise stated.
4.2 These prices are subject to change at any time without prior notice. Every effort is made to ensure that the prices shown for the Products are correct at the time you place your Order.
4.3 If the Products are mistakenly priced, TW will not be liable to supply to you at such price as displayed, which TW will notify you before the Products are being dispatched to you.
4.4 You may decide whether to proceed with the Order at such amended price. If you decide not to proceed with the Order, TW will give you a full refund on the amount, which have been paid.
5.1 If you are registered as an:-
a. Individual customer, the price of the Products must be paid in full when an Order is placed, via online payment or paid by cash upon delivery; whereas
b. Corporate customer, payment may be made when an Order is placed, via online payment; or upon delivery of the Products by TW, by cash.
5.2 In the event the payment of the Products have not been paid or received in full by TW for any reason whatsoever, TW reserves the right to cancel the Order or suspend any further deliveries to you.
5.3 Payment made is not refundable in the event of any cancellation of the Order by you in Clause 2.6.
5.4 Customers should put an order for the product chosen, and only made the payment after TW Management Team confirm the products and given the information for the payment account.
6. Delivery (Own Transport Delivery with RM10 per Drop Within Klang Valley only)
6.1 The Products shall be delivered to the delivery address established in the Order during TW’s usual business hours.
6.2 If you fail to give TW adequate delivery instructions at the time stated for delivery, TW shall, without prejudice to any other right or remedy available, store the Products until actual delivery and charge for the reasonable costs of storage.
6.3 TW shall not be liable for any delay in delivery of the Products whether the delay is due to causes beyond the control of TW or otherwise.
6.4 Where delivery requires a signatory upon receipt, the acknowledgement and acceptance of all Products must be signed by anyone of eighteen (18) years of age or above except for liquor, which must be signed by non-Muslim of eighteen (18) years of age or above and not under the influence of alcohol.
6.5 Own Transport Delivery is limited to Klang Valley only. With the minimum order of RM50 per transaction, TW will charge RM10 per drop for the own transport delivery within Klang Valley area (the date will be arrange by TW management team). For the other states in Malaysia, we will send your goods by POS and it will reach within a week.
6.6 Delivery charge is between the range of RM15 to RM30 per carton depend on the package size and weight. RM15 will be the minimum charges for shipping fee. TW reserve the right to determine and change the shipping fee upon every purchase.
6.7 For the value member & customer from other country (Not Malaysia), Pls provide with personal delivery account number and information, cause the delivery charge for RM15 in not include for other country.
6.8 The above transport charges of RM15 is only applicable to a limited size and weight, if any above the goods is over the amount of RM15, TW staff will giving a contact for the extra charges of the goods send, kindly leave the contact and email address for the top-up purpose.
7. Risk and Ownership
7.1 The risk of loss or damage shall pass to you upon acknowledgement of the receipt of the Products in Clause 6.4.
7.2 The ownership of the Products will only pass to you upon receipt of full payment in Clause 5 by TW.
8. Inspection of the Products
8.1 All inspection must be done upon receipt of the Products by the Buyer. If as a result of the inspection:-
a. It is discovered that the Products do not conform to the Order, you are entitled to reject the same and TW shall as soon as practicable replace them;
b. The Products are not available; TW shall issue a debit note and the same to be countersigned by you and TW. Shall as soon as practicable provide the same; or
c. You are satisfied that the Products correspond with the Order; you shall sign and acknowledge receipt of the Products in accordance with Clause 6.4.
8.2 There shall be no refund or exchange of the Products allowed after the inspection by you.
9. Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and the parties submit to the jurisdiction of the Malaysian courts.
10. Force Majeure
10.1 Neither party shall be liable to the other or be deemed to be in breach by reason of any delay in performing or any failure to perform any of its obligations in relation to the Products, if the delay or failure beyond to that party’s reasonable control. The following shall be regarded as causes beyond either party’s reasonable control (“Force Majeure”) :-
10.1.1 Acts of Gods, epidemic, disease, fire, storm, flood, earthquake, accident; or
10.1.2 Acts or omissions of any government or any rule, regulation or order of any governmental authority or any officer, department, agency or instrument thereof; or
10.1.3 Acts of public enemy, acts of terrorism, war, rebellion, insurrection, riot, invasion, strikes or lockouts; or
10.1.4 Anything regarded as being beyond the control of the party in question.
11. QS’s Liability
11.1 TW cannot guarantee that the services will meet your requirements. Please report to TW if a fault occurs in the service and TW will attempt to restore the service as soon as practicable.
11.2 Not limited to the following, TW shall not be held liable and responsible for:-
11.2.1 Any risks related with the use of the internet;
11.2.2 Error, omission, interruption or technical problem you may experience with TW’s website; and
11.2.3 Unreliability or inaccuracy of TW’s website.
11.3 TW shall not be liable for any consequential or incidental damages or any other damages whatsoever relating to QS’s website.
12. Security of Information
12.1 TW shall use its best endeavors to prevent any unauthorized entry into TW’s website. TW’s website uses recognized encryption to encrypt all of your personal data into TW’s website before it travels across the internet. Once TW receives your data, it is stored on a secure server so that your personal details are not accessible from the internet. In such circumstances, you are obligated to keep your login and password details safe and confidential at all time.
12.2 You hereby authorize and consent TW to collect, retain and use your personal data:-
a. For administrative purposes including processing the Order, providing you with confirmation of the Order or sending any advertising or promotional material of the Products to you;
b. To access your credit-worthiness including but not limiting to credit checking or other payment, security, credit card issuance verification;
c. For legal purposes including but not limiting to enforcement of any legal or other rights TW may have against you in any manner that TW deems fit; and
d. For such other reasons deem necessary by TW.
12.3 Notwithstanding the foregoing, TW shall not be responsible and liable for any damage or loss whatsoever if there is any unauthorized entry and access by third party of your login, credit card and/or other payment cards, which is beyond TW reasonable control.
In the event TW detects any deception or fraudulent use of payment systems with the intention of obtaining an advantage, avoiding an obligation or causing loss to another party, TW shall not hesitate to take appropriate measures to prevent the same from occurring including but not limiting to reporting all suspected fraud to the appropriate authorities and/or take appropriate disciplinary and legal action in all cases, where justified.
14. Intellectual Property
14.1 TW retains title to and ownership of TW’s website. You may not reproduce, alter, remove, copy or use for commercial purposes any of the materials or content on TW’s website without written permission from TW.
14.2 You will indemnify TW against all losses, liabilities, costs and expenses suffered or incurred by TW in connection with or arising out of any infringement of intellectual property rights of whatever nature relating to the use of TW’s website by you.
15.1 TW reserves the right to terminate the operation of any of the Order placed at any time without notice and TW need not give any particular on the reason for its decision thereof.
15.2 The failure of TW to take any action in respect of a breach of these Terms and Conditions shall not constitute a waiver of its enforceability. TW reserves its rights in respect of these Terms and Conditions at all times.
16.1 You may not assign, sublicense or otherwise transfer any of your rights and obligations under these Terms and Conditions.
16.2 If any provisions of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected.
16.3 No waiver by TW or any breach of this Agreement by you shall be considered as a waiver of any subsequent breach of the same or any other provisions.
16.4 TW shall not be responsible for any breach of these Terms and Conditions caused by the circumstances beyond its control as stipulated in Clause 11.
16.5 TW reserves the right (i) not to provide Products or services; (ii) remove or edit content; or (iii) cancel Order (or part thereof) at its sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, TW will not be held liable for loss or damage arising from exercising these rights.
For Wholesale, please call to Toy World Marketing Sdn. Bhd. (Tel: 03-40447500) to make order.
TW’s website is owned and operated by Toy World Marketing Sdn. Bhd. (Company No.: 596501-A), a company incorporated in Malaysia under the Companies Act, 1965, with its business address at 101~107, Jalan Thamboosamy, Off Jalan Putra, 50350 Kuala Lumpur.