USING THIS E-STORE WEBSITE
In using This E-Store Website you are deemed to have Read, Understood and Agreed to the Terms and Conditions as stated herewith.
The terms and conditions of trade and/or any transaction with E-Store shall be subject to the terms and conditions as stated in the E-Store Website ONLY. Any terms and conditions of the Retailing Outlets of Fitness Concept Specialist Chain Sdn. Bhd. and other companies of the Transmark Group of companies are accordingly not applicable to E-Store.
DEFINITIONS AND INTERPRETATIONS
In this Agreement the following terms shall have the respective meanings assigned to them:-
- "Business Day" shall mean a day except Saturday, Sunday and public holidays (gazetted or ungazetted) and unscheduled holidays, on which banks and financial institution are open for business in Selangor.
- "Company" shall mean Fitness Concept Specialist Chain Sdn. Bhd.
- "E-Store" shall mean this website business division of the Company which is a separate and distinct division of the Company.
- "Information" shall mean all those information in whatever forms of the Website.
- "Force Majeure" shall mean an act or event or cause (other than lack of funds) which is beyond the reasonable control of the concerned party, including:-
(a) Act of God, peril at sea, accident of navigation, war, sabotage, riot, insurrection, civil commotion, national emergency (whether in fact or law), act of terrorism, martial law, fire, lightning, flood, cyclone, earthquake, landslide, storm or other adverse weather conditions, explosion, power shortage, strike or other labour difficulty (whether or not involving employees of the party concerned), epidemic, quarantine, radiation, or radioactive contamination;
(b) Action or inaction of a government or other competent authority (including a court of competent jurisdiction), including expropriation, restraint, prohibition, intervention, requisition, requirement, direction or embargo by legislation, regulation, decree or other legally enforceable order; and
(c) Breakdown of plant, machinery or equipment or shortage of fuel, power or plant, machinery, equipment or material.
- "Products" shall mean the products as stated in the Website offered to be sold by the E-Store ONLY and not those of the other divisions of the Company.
- "Ringgit Malaysia" or "RM" shall mean the lawful currency of Malaysia.
- “Website” shall mean the E-Store Website ONLY and not those of the other divisions of the Company and the other companies of the Transmark Group of companies.
In this Agreement, unless the context and subject matter otherwise requires:-
- The singular includes the plural and vice versa.
- Words importing one gender include the other gender and words importing persons include corporations and unincorporated bodies of persons and vice versa.
- References to Clauses, Schedules and Appendices are references to clauses, schedules and appendices of this Agreement.
- The table of contents and headings of the Clauses herein are for convenience of reference only and do not form part of this Agreement or affect the interpretation thereof
- Any reference to a statutory provision includes that provision as from time to time modified or re-enacted so far as such modification or re-enactment applies or is capable of applying to any transaction entered into under or in connection with this Agreement.
- A period of days or after any date or the happening of an event or the doing of any act or thing shall be deemed to be exclusive of that date or the day on which the event happens or the act or thing is done.
- The schedules of this Agreement shall constitute an integral part of this Agreement.
DISCLAIMER OF LIABILITY
The Company shall not be responsible for and disclaims of all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the Website, any information contained in the Website, your personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
The trademarks, names, logos and service marks (collectively “trademarks”) displayed on the Website are registered and unregistered trademarks of the Company. Nothing contained on the Website should be construed as granting any license or right to use any trademark without the prior written permission of the Company.
- The information is the property of the Company. No party is given the authority for the extraction, copy and/or download of any of the Information in whatever form, modified or unmodified, on diskette, CD, DVD, website or any other medium for whatever purposes unless with the prior written consent of the Company.
- The contents of the Website may be changed from time to time at the discretion of the Company.
TERMS OF TRADE
- The Products are offered in Malaysia ONLY.
- The business transaction is dealt with in Ringgit Malaysia ONLY.
- Order of the Products can ONLY be made via shopping cart in the Website.
- You undertake not to export any of the Products outside Malaysia.
- Pricing of the Products are as implied on the Website when you place an order and make payment.
- The Company reserves the right to change the price and other contents of the Website from time to time and will not be held for claims of any false information or error in the Website.
USAGE OF THE PRODUCTS
- The Products are meant for use by normal healthy adults; otherwise, the user should consult his personal physician to ensure the equipment is appropriate for him before using the Products.
- The user has to read, understand and follow strictly the underlying instructions in the owner's/user's manual, if any, before usage.
- The Products are for Home Use ONLY and under no circumstances to be used for Commercial purposes.
- Payment shall be made by way of the credit cards as indicated below ONLY.
- The Payment is processed by Mobile88.com Sdn Bhd.
- Online credit card payment is recommended for faster processing and delivery.
- Cancellation is NOT allowed once the transaction is made and there is No refund for the cancellation thereof.
- The Company will process your order on the next Business Day after full payment and complete transaction details had been received by the Company.
- No delivery will be made outside of Malaysia.
- No delivery will be made to P O box addresses, islands or areas that are inaccessible by our delivery vehicles.
- You have to ensure your address is correct and complete otherwise the Company shall not be responsible for any consequences therefrom.
- Delivery will only be made on the Business Day.
- Accessories and Specialty Products will normally be delivered by Nationwide Express courier services. Tracking number will be provided via email once delivered. You have to ensure you will be there on the date of collection.
- Equipment will normally be delivered by trucks for which the delivery will usually take around 14 to 21 days to arrive around major towns and cities in West Malaysia. You will be contacted via phone to schedule a convenient date and time for delivery.
- Delivery charges together with the purchase price shall be confirmed upon order and full payment.
RETURN AND EXCHANGE
- Goods sold are STRICTLY not refundable and not exchangeable UNLESS under the following circumstances for which the goods may be exchanged:
(a) Manufacturing defects;
(b) Items damaged during delivery; or
(c) Non-conforming items delivered.
- Terms for Exchange:
(a) You have to inspect the Products upon receipt of the goods.
The Notice of Non-Conforming or Damaged Products should include the following particulars:
Sales Order Number:
Name of Purchaser:
Particulars of Non-Conformity/Damage:
A picture clearly showing the Non-Conformity/Damage shall be accompanied by the Notice of Non-Conformity/Damage. Any such notice with incomplete information will not be entertained.
- After your notification has been verified which normally takes 5 Business Day, the Company will notify you the mode of exchange i.e. either by Mail or exchange at the Fitness Concept outlet.
(a) Exchange By Mail
You have to pack and mail the items in original condition (not worn) with complete labels and tags at your costs to the following address:
Fitness Concept Specialist Chain Sdn. Bhd.
3, Jln TP3, Taman Perindustrian UEP
47600 Subang Jaya
You are advised to return the Products via a traceable courier. The replaced product will be send to you within 5 days after the receipt of the Products to be exchanged.
(b) Exchange In Fitness Concept outlet
Exchanges can only be done in pre-selected Fitness Concept outlet. Exchange have to be made within 14 days from the date of notice of exchange.
- Should the Products to be exchanged is out of stock, the exchange period will be extended to 30 days from the date of notice of exchange; otherwise the Company will refund the money to you without interest.
The warranty is valid only if the Usage of the Products under Clause 6 herewith are fully complied and subject to the following terms and conditions:
- The warranty is undertaken by Fitness Equipment Parts & Services Sdn. Bhd. (714509 U) which shall be solely responsible for the warranty of the product and any consequences arising therefrom.
- The warranty is ONLY valid in Malaysia and for the Products purchased from the E-Store of the Company.
- The warranty commences from the date of delivery of the product.
- The warranty covers repair only. The replacement of any parts shall be at the sole discretion of the Company after proven to be defective beyond repairs and the warranty period for the parts shall only be limited to that as printed and stated on the original Invoice.
- The warranty does not cover transportation. However transportation for the first year may be waived subject to the sole discretion of the company.
- The warranty does not cover the pulse sensor and calories counter.
- The warranty does not cover damages resulting from:
(a) Abnormal voltage and/or the use of generator or any other unauthorized power sources;
(b) Usage not accordance with the Operation Manual, instructions & specifications;
(c) Commercial/Business use, misuse, abuse, negligence and/or accident howsoever caused;
(d) Normal wear or tear and body rust;
(e) Damages caused by natural disaster (flood, fire, lightning, pollution), unauthorized alteration or modification.
- The warranty shall be null and void in any of the following events:
(a) If any item has been tampered with, removed, adjusted, modified, dismantled, repaired, or altered in any way without the prior written consent of the Company, or handled in any way whatsoever, by any person or persons not authorized by the Company;
(b) If the serial number or Q.C sticker on the Product has been defaced or removed; and/or
(c) The Product/Equipment that has been shifted from the delivery address.
- The warranty is in lieu of any, and all other warranties expressed or implied warranty of merchantability or fitness for a particular purpose. The company assumes no liabilities for the breach of the warranty beyond correcting the breach in the manner described above. In no event shall the Company be liable for any consequential losses and/or damages, including but not limited to losses and damages arising from the usage of the Product and/or body injuries, either to the purchaser and/or any third party.
- This warranty as printed on the reversed side of original invoice shall be presented to the Company on any request for warranty services within the warranty period.
- Servicing of the Products under warranty shall only be carried out at the following time excluding Public Holidays:
(a) 10.00 a.m to 7.00 p.m (Monday to Friday)
(b) 10.00 a.m to 5.00 p.m (Saturday)
(c) Any service outside the above stipulated time shall be at the sole discretion of the company and is
- All enquires and services are to be directed to our “CUSTOMER SERVICE DEPARTMENT” at 603-8026 2211 by phone or 603-8026 2213 by fax.
The Parties hereto agree that no party shall be considered to be in default of the performance of its obligations under this Agreement if the performance is prevented or delayed because of Force Majeure PROVIDED HOWEVER that there must be a direct causal relation between the prevention or delay and the event or events involved and that further the party affected by such event or events must take all action necessary and reasonable under the circumstances to remove the cause or causes of such prevention or delay and to proceed to perform its obligations hereunder. The provision of this Clause shall not be applicable to any obligations involving the payment of money and to any specified currency or place of payment.
External links may be provided for your convenience, but they are beyond the control of the Company and no representation is made as to their content and accuracy. Use or reliance on any external links and the content thereon provided is at your own risk.
CONFLICT OF TERMS
If there is a conflict or contradiction between the provisions of the Website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the Website shall prevail in respect of your use of the relevant section or module of the Website.
Any term, condition, stipulation, provision, covenant or undertaking in this instrument which is illegal, void, prohibited or unenforceable shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability without invalidating the remaining provisions hereof, and any such illegality, voidness, prohibition or unenforceability shall not invalidate or render illegal, void, prohibited or unenforceable any other term, conditions, stipulation, provision, covenant or undertaking herein contained.
CHANGES OF TERMS AND CONDITIONS
The Company reserves the right to change these terms and conditions from time to time as it deems fit and your continued use of the site will signify your acceptance of any adjustment to these terms and conditions.
The Parties agree that this Agreement shall be governed by and construed in accordance with the laws of Malaysia.
When you place any Order and/or Purchase any Product basing on This E-Store Website, you are deemed to have Read, Understood and Agreed to the Terms and Conditions as stated herewith.