Welcome to www.seagullaire.com website (the “Website”). These terms and conditions (“Terms and Conditions”) apply to the Website, Perniagaan Elektrik Seagull (Puchong) Sdn Bhd. (494031-U) (the “SEAGULL”), and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions.
By accessing the Website, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this Website. The Website reserves the right to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Website with no other notice provided.
USE OF THE SITE
The Website, including all content, in text, graphical, video and audio forms, images, applications, data and other elements available on or through the Website, is the property of SEAGULL and others and protected by Intellectual Property laws in Malaysia. The content provided on this Website is solely for informational purposes. We grant you a non-transferable and revocable license to use the Website, under the Terms and Conditions described, for the purpose of shopping on the Website. Commercial use or use on behalf of any third party is strictly prohibited, except as explicitly permitted by us in advance.
Should you choose to register or subscribe for any services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Website is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible and liable for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Website shall not be responsible or liable, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
Seagull Malaysia is currently undertaking an exercise to comply with the Personal Data Protection Act 2010. We are committed to protecting the Buyer’s privacy and assure that the Buyer’s personal data and information will be strictly processed in accordance with the Act and our own strict internal policy. We take our Buyer’s privacy seriously and we will only collect, store and use the Buyer personal information as outlined below:
(1) Collection of Personal Information
We collect your personal data and information from you when you register as a member. Seagull Malaysia treats and views your personal data seriously. In order for a customer relations representative to respond to your questions or concerns, we may need personal information such as your name, identity card number, passport number (foreign), address, gender, date of birth, contact information, email address, telephone number, nationality, This information is used to answer your questions as completely and thoroughly as possible. We use your personal information for promotions, products or services available from Seagull Malaysia via emails, phone calls, SMS, mails and other forms of communication tool.
(2) Accessing and Updating Your Personal Information
You may access and update your personal information by email to SeagullPuchong@gmail.com.
(3) Security of Your Personal Information
Seagull Malaysia ensures that all information collected will be safely and securely stored. We protect your personal information by allowing access to personal information only via passwords and maintaining technology products to prevent unauthorized computer access. Personal Data that we collect from you will be stored and backed up securely in a restricted and controlled location.
(4) Disclosure of Personal Information
We will not share your personal information, other than our corporate group and those third party directly related to and necessary for the purpose of products/delivery of the same purpose for which you have authorized. In exceptional circumstances, Seagull Malaysia may be required to disclose personal information as required by law. Seagull Malaysia is committed to comply with the Personal Data Protection Act 2010, in particular, its policies as well as corresponding guidelines and orders. If you believe that your privacy has been breached by Seagull Malaysia please contact Customer Service or email to SeagullPuchong@gmail.com
ORDER ACCEPTANCE AND PRICING
Please note that there are cases when an order cannot be processed for various reasons. The Website reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
We are determined to provide the most accurate pricing information on the Website to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.
GST is implemented in Malaysia with effect from 1 April 2015 at the rate of 6%. It will replace the existing sales tax and service tax. Prices of items and services provided by Seagull Malaysia Sdn Bhd, being GST registered company, will include GST where applicable. Please refer to the GST Act 2014 published in the gazette on 19 June 2014 and the GST Regulations 2014 issued on 30 June 2014. GST is under the jurisdiction of the Royal Malaysian Customs Department.
TRADEMARKS AND COPYRIGHTS
All intellectual property rights in the Website, whether registered or unregistered, including text, images, graphics, software, video, music shall remain our property. All rights are reserved.
In addition to any other legal remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or withdraw any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Website and we shall immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Website in whole or in part.
Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Website shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Website or with any terms, conditions, rules, policies, guidelines, or practices of SEAGULL, in operating the Website, your sole and exclusive remedy is to discontinue using the Website.
“Buyer” means a person who accepts a quotation of Seagull Malaysia for the supply of Goods;
“Contract” means the contract for the purchase and sale of the Goods;
“Goods” means goods which Seagull Malaysia supply in accordance with a Contract;
TERMS OF PAYMENT
The Buyer shall be entitled to make payment for the Goods according to the various payment methods set out in Seagull Malaysia Website. The terms and conditions applicable to each type of payment:
(a) Online Banking
Buyer shall transfer the payment to a Seagull Malaysia account for the total amount of the Goods purchased (including any applicable taxes, fees and shipping costs). Transaction must be payable in Ringgit Malaysia. Seagull Malaysia accepts online bank transfers from Online Banking: Maybank, CIMB, RHB, Hong Leong, Ambank, BSN, Affin Bank, Bank Islam, UOB.. Seagull Malaysia, in its discretion, may refuse this payment option service to any user without notice for any reason at any time.
(b) Cash Bank-in
By choosing this payment method, Buyer may bank-in cash into a Seagull Malaysia bank account. Once you have successfully bank-in the exact amount, Buyer must attach or email the bank-in slip to SeagullPuchong@gmail.com with the stated Order No. The bank-in slip is a proof of payment; Buyer is advised to keep it well, as we may ask for it at any time for verification and order process. Goods shall be shipped only after the payment has been accepted and verified.
Seagull Malaysia Bank Account:
Bank: Hong Leong Bank
Account Name: Perniagaan Elektrik Seagull (Puchong) Sdn Bhd
Account No.: 20 2000 313 05
Account Name: Perniagaan Elektrik Seagull (Puchong) Sdn Bhd
Account No.: 562 666 05 8856
(c) IPAY88 Payment Gateway
Ipay88 Payment allows Buyer to make payment quickly and securely online using a Credit Card or bank account. Not valid for cash only items.
Delivery of the Goods shall be made to the address provided by the Buyer in the purchase order. Any dates quoted for delivery of the Goods are estimated only. The time for delivery shall not be the essence, and Seagull Malaysia shall not be liable for any delay in delivery howsoever caused. If Seagull Malaysia has failed to deliver the Goods compliant with the Contract or within a reasonable time, the Buyer shall be entitled by notice on Seagull Malaysia, to demand delivery within a specific time, which shall at least 14 days. If Seagull Malaysia fails to fulfil the demand within specific time, the Buyer shall be entitled to terminate the Contract with regard to the undelivered Goods and claim compensation for actual loss and expense sustained as a result of Seagull Malaysia’s non-performance.