SALES CONTRACT

PLEASE READ THIS DOCUMENT CAREFULLY BECAUSE IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. This Contract contains the current Terms and Conditions and Sony’s Privacy Policy (“collectively Terms and Conditions”) that applies to your purchase from us on order of any product or products listed as shopping items on this Website ("Products"). You acknowledge that you are fully aware of the contents of these Terms and Conditions and, on placing any purchase order for the Products, you agree to be bound by and accept these Terms and Conditions.

1.       DEFINITIONS

  1. "Sony" means Sony (Malaysia) Sdn. Bhd. (16202-H).
  2. "Product(s)" means product(s) and/or its/their peripheral product(s) by Sony listed as shopping items on this Website (including but not limited to Sony Products) and forming the subject matter of this contract as identified by Customer in the order form.
  3. "Customer" means a person who orders goods via this Website only.
  4. "Contract" means a contract containing these Terms and Conditions agreed upon between Sony and Customer for sale by Sony and purchase by Customer of the Products.
  5. "CIC" means the Sony Customer Interaction Centre operated by Sony in Malaysia.
  6. "Sony Product(s)" means product(s) sold under the trademark "Sony" and/or other trademarks owned or used by Sony and listed as shopping items on this Website.
  7. "Accessories" means connecting cables, batteries, camera tripods and other optional or peripheral accessories sold for use with Sony Products.
  8. "Reference Number" means the Customer Reference Number automatically generated and provided to Customer by Sony upon Customer placing an order.
  9. "Working Day" means a day, on which commercial banks in Kuala Lumpur are open for business, excluding Saturdays and Sundays.

2.      SALES & PURCHASE

Sony shall sell and Customer shall purchase the Products in compliance with the Contract.

3.      ORDER / FORMATION OF CONTRACT

  1. All orders of the Products placed by Customer on this Website shall be subject to acceptance by Sony, which acceptance is at the discretion of Sony. Upon Customer placing an order, a unique Customer Reference Number will be automatically generated and provided to Customer to facilitate tracking of Customer's order. The provision of such Reference Number does not operate as an acceptance of Customer's order and merely serves as confirmation that Customer's order has been received by Sony.
  2. These Terms and Conditions shall become the Contract only when notice of acceptance by Sony of an order by Customer is sent to Customer.
  3. Sony will only accept orders for delivery of the Products to the street address of Customer in Malaysia from residents of Malaysia who have attained the age of 18 years. Subject to the Terms and Conditions, Customer may only cancel an order before notice of acceptance by Sony of such order is sent to Customer.
  4. Sony reserves the right to limit quantities of the Products purchased in any order.

4.      PRICE , PAYMENT & PROMOTIONS

  1. Pricing of the Products shall be as stipulated in the official price lists published by Sony from time to time in force as at the date of placement of orders by Customer.
  2. Product Prices include all Malaysian taxes that may be imposed on the transaction under the Contract but are exclusive of transportation costs from Sony to Customer within Malaysia, which shall be borne by the Customer.
  3. All promotions items and applicable promotional gifts are available while stock last
  4. Refund of payment is applicable when Product purchased are damaged on arrival. Customer shall notify Sony within 7 days from the day the Product are delivered. Sony reserve the right to reject any return, exchange, refund deemed unfit or unreasonable.
  5. Customer shall pay for the Products in Ringgit Malaysia. By selecting this mode of payment, customer shall be charged on a full payment basis and customer should only pay through payment vendor, iPay88 (Mobile88 Sdn Bhd).Sony will verify the validity of the credit card with the relevant issuer and may then send the notice of acceptance as stated in subsection (2) of Section 3 if the credit card is acceptable. In the event that no validation is received from the relevant issuer within three (3) working days of the verification request by Sony, the Customer's order shall be deemed cancelled. Customer will be charged when the notice of acceptance is sent to Customer. If Customer's order is cancelled after payment has been validated by the credit card issuer but before a notice of acceptance by Sony has been sent to the Customer, the Customer shall be liable for all fees, charges and costs (including but not limited to processing fees and charges) arising out of or in connection with the cancellation or reversal of the payment transaction.

5.      DELIVERY

  1. The delivery process will only be initiated after payment has been validated and a notice of acceptance has been sent to the Customer as stated in Section 4 above. Sony shall endeavour to arrange to deliver the Products to the delivery point in Malaysia designated by Customer in his or her purchase order. Sony will use its discretion in selecting a reputable carrier and appropriate means of shipment, and shall endeavour to notify the Customer of the estimated date of delivery as soon as is reasonably possible. Unless the Customer specifically nominates a named individual or individuals to take delivery of the Products during the ordering process, delivery to any individual or individuals present at the delivery point in Malaysia designated by Customer in his or her purchase order shall be deemed good and sufficient delivery of the Products to the Customer. Where the Customer has specifically nominated a named individual or individuals to take delivery of the Products, Sony shall be entitled but not bound to request sight of the identity card or other identification document of the relevant individual or individuals before making delivery of the Products to such individual or individuals, and shall be entitled to accept any document purporting to identify an individual or individuals as the individual or individuals nominated by Customer, at its face value.
  2. Any dates quoted by Sony for delivery of the Products are estimates only and shall not form part of the Contract. In no event shall Sony be liable for increased cost, loss of profits or goodwill or any other special, incidental direct or indirect or consequential damages due to late delivery or non-delivery of the Products.
  3. Sony may deliver the Products by instalments in any sequence. Where the Products are so delivered by instalments, each instalment shall be deemed to be the subject of a separate Contract and no default or failure by Sony in respect of any one or more instalments shall vitiate the Contract in respect of the Products previously delivered or undelivered Products. In the event that Sony gives notice to Customer that it is unable to deliver any instalment of the Products, Customer shall be deemed to have accepted those instalments already delivered but Sony may reimburse the price of the undelivered Products that have been paid for by Customer.
  4. If Customer fails to take delivery of the Products or any part of them when they are made available to Customer or fails to provide accurate instructions, documents, licenses, consents or authorisations required to enable the Products to be delivered, Sony shall be entitled, upon giving written notice to Customer, to store or arrange for storage of the Products, and then risk in the Products shall pass to Customer, delivery shall be deemed to have taken place, and Customer shall pay to Sony all costs and expenses (including storage and insurance charges) arising from its failure.

6.      ACCEPTANCE

Unless Customer notifies Sony to the contrary by email, telephone or facsimile transmission within seven (7) days of delivery and such notification is confirmed in writing within seven (7) days of the notification, the Products shall be conclusively deemed to have been accepted by Customer as being in good condition and in accordance with the Contract. In the case of defective Products under warranty which fall within the ambit of Section 9 below, Sony reserves the right, at its sole discretion, to repair such defective Products in lieu of replacing the same with equivalent products.

7.      TITLE, RISK OF LOSS OR DAMAGE

Title and risk of loss or damage to the Products shall pass to Customer on the physical delivery of the Products to the address identified by the Customer in the order. Notwithstanding the foregoing, title to the Products that are software products shall remain with the applicable licensor(s).  

8.      LIMITATION OF LIABILITY

IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THE CONTRACT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD OR PROVIDED PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE., THIS DISCLAIMER DOES NOT AFFECT THE CUSTOMER'S STATUTORY RIGHTS. NEITHER PARTY SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.

9.      LIMITED WARRANTY

 

A. FOR SONY PRODUCTS (OTHER THAN ACCESSORIES)

  1. For a period of one (1) year from the date of delivery, Sony warrants that the Product is free from defects in materials and workmanship and is in conformity with the respective specifications of the Product.
  2. Upon discovery of a defect in materials, workmanship or failure to meet the specifications of the Product during such one (1) year period, Sony shall, at Sony's sole discretion, either repair such Product or replace it with the equivalent product without charging any technical labour fee and repair parts cost to Customer, on the following conditions:
    1. For All Sony Audio-Visual Products (limited to Television Sets only) within such one (1) year period Customer either brings such Product to Sony's authorised service centres in Malaysia, or contacts CIC to have an authorised Sony service representative call at Customer's premises to examine, and if possible to repair such Product on site, or if such repair is not possible, to remove the Product to an authorised Sony service centre.
    2. For Other Sony Products: that during such one (1) year period, Customer brings such Product to Sony's authorised service centres in Malaysia. In case of repair or replacement, Sony shall own all the parts removed from the defective Products. Sony may use new and/or reconditioned parts made by various manufacturers in performing warranty repairs and replacing Products. In the event that Sony repairs or replaces a Product, the original one (1) year warranty term for such Product is not extended.
  3. Save as aforesaid, this limited warranty covers only the hardware components contained in the Product. Save as aforesaid, it does not cover technical assistance for hardware or software usage and it does not cover any software products contained in the Product; Sony excludes all warranties express or implied in respect of any software provided with the Product and any such software is provided "AS IS" unless otherwise expressly provided for in any enclosed software limited warranty.Please refer to the End User License Agreements included with the Product (if any) for Customer's rights with regard to the licensor or supplier of the software parts of the Product (if any) and the parties' respective obligations with respect to the software.
  4. This limited warranty is non-transferable.
  5. With respect to all service provided, Sony will not be responsible for any damage to or loss of any of Customer's programs, data or other information stored on any media or any part of the Product serviced hereunder or damage or loss arising from the Product not being available for use before or during or after the period of service provided or any indirect or consequential damages resulting therefrom.
  6. CUSTOMER'S PRODUCT WILL BE RETURNED TO CUSTOMER CONFIGURED AS ORIGINALLY PURCHASED (SUBJECT TO AVAILABILITY OF SOFTWARE, IF RELEVANT).
  7. Be sure to remove all third party hardware, software, features, parts, options, alterations, and attachments not warranted by Sony prior to sending Product to Sony for service. Sony is not responsible for any loss or damage to these items.
  8. This warranty is limited as set out herein and does not cover, inter alia, any consumable items (such as batteries) supplied with the Product; any accessory products which are not contained in the Product; cosmetic damages; damage or loss to any software programs, data, or removable storage media; or damage due to (1) acts of God, accident, misuse, abuse, negligence, commercial use or modifications of the Product; (2) improper operation or maintenance of the Product; (3) connection to improper voltage supply; or (4) attempted repair by any party other than a Sony authorised service facility.
  9. This limited warranty does not apply when the malfunction results from the use of the Product in conjunction with any accessories, products or ancillary or peripheral equipment, or where it is determined by Sony that there is no fault with the Product itself. This limited warranty is valid only in Malaysia. This limited warranty is invalid if the factory-applied serial number has been altered, defaced or removed from the Product.
  10. SONY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMITTED BY LAW.
 

B. ACCESSORIES

  1. Sony does not provide any warranties in respect of Accessories.
  2. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, SONY EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMITTED BY LAW.

10.      CRITICAL COMPONENTS

The Products are not authorised for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others.

My Sony Membership

  1. MY SONY membership is strictly country and area specific and the Site is targeted at users resident in the Malaysia. In order to become a MY SONY member on this Site, you must register to be an e-warranty user or you must be a holder of a SONY product for which the warranty period is still running in which case SONY will invite you (if it has not already done so) to become a MY SONY member.
  2. Members should be individual persons and not corporate entities. One membership is allowed per person. Your membership will be effective when your online registration is accepted and communicated to you via email acknowledging the new membership. You will receive a membership user ID and password that may be used by you for all your transactions on the Site.
  3. Use of your membership user ID is expressly limited to you and you may not transfer your membership to any other party, whether temporarily or permanently. You agree to bear sole responsibility for all use of your membership and for the confidentiality of your password. Sony will suspend access or change access to your account upon notification by you through e-mail to Sony that your password has been lost, stolen or otherwise compromised.
  4. Only registered MY SONY members may access the services on the Site. You shall ensure that your membership user ID and password are kept in a secure and confidential manner, and you must not permit its release to third parties. You are solely responsible for maintaining the confidentiality of your membership user ID and password.
  5. You hereby agree to:-
    (a) be solely responsible for and take all such measures and steps to maintain and protect the confidentiality of your password (including but not limited to changing your password from time to time); (b) take all such measures and steps to prevent any unauthorised use of your membership user ID; (c) taking all such measures and steps to prevent publication of your password; (d) be solely responsible for any and all activities which occur and/or any and all messages, information and other materials furnished, created and/or posted under your membership user ID; (e) immediately notify Sony if you become aware of or have reason to believe that there is any unauthorised use of your membership user ID or any other breach of security, to co-operate with Sony in all such security investigations and to indemnify, defend and hold harmless Sony for any liability or expense arising from such use or misuse.
  6. You are responsible for any and all activities and transactions performed through your membership user ID on the Site. Any transaction or use of the Site under your membership user ID which is authenticated by your password shall be deemed to be on your behalf or as your agent, with due authorization from you at all times. Any transaction made on the Site using any of your membership user ID and password and through your membership user ID shall be deemed to be binding on you. Use of the Site by any unauthorized personnel is prohibited. You shall notify Sony immediately of any unauthorized use of any user identification, passwords or other security information, or breach of security. Sony cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
  7. You shall acquire no rights to your membership user ID or password selected by you or assigned to you by Sony and Sony reserves the right to change the same as its sole discretion without being liable to you for any loss or damage of any nature whatsoever (whether direct, indirect, incidental, punitive, exemplary or consequential) suffered.
  8. You are required to provide information about yourself for registration or otherwise which is complete and accurate. You may update the information online from time to time.
  9. You acknowledge and represent that: (a) you are not younger than 13 years old; or (b) where you are younger than 13 years old, that you have obtained the consent of one or both of your parents or of your guardian, in respect of your use of the Site and your membership user ID.
  10. You acknowledge and agree that your use of the Site as a MY SONY member shall be governed by the prevailing MY SONY Terms and Conditions of Use (detailed above) and that any breach by you of these MY SONY Terms and Conditions of Use shall constitute a breach by you of these MY SONY Membership Rules.
  11. You also agree to abide by and comply with a separate set of terms and conditions in respect of any purchase of Products by you arising out of or in connection with your use of the Site.
  12. Notwithstanding the foregoing, you acknowledge and agree that any contracts in relation to the purchase of Products from any third party by you arising out of or in connection with your use of the Site are between such third party and you, and that insofar as Sony is involved in any such contract, Sony is acting only as an agent or contractor of that third party. You acknowledge and agree that in all circumstances your only recourse in respect of any such contract shall be against that third party, and that you shall not under any circumstances have any recourse against Sony.
  13. Information and materials which you find published on the Site may be the property of Sony or others, and may be protected by and/or contain various intellectual property rights, including without limitation copyrights and trademarks. You may not copy, redistribute or commercially exploit such materials without the express written permission of the owner(s) of such information or materials.
  14. All areas and portions of the Site are considered public and, as such, there is no expectation of privacy or confidentiality. Sony reserves the right to maintain, and make use of, chat logs, and any other means that it deems in its sole and absolute discretion necessary and/or appropriate, to ensure that subscribers to the Site are complying with the rules of online behaviour above.
  15. Sony reserves the right in its sole and absolute discretion to modify without prior warning or notice these MY SONY Membership Rules. You agree that your continued use of the Site after such modification shall constitute an affirmative acknowledgement by you of the modifications and agreement by you to abide and be bound by such modifications. As such, Sony recommends and advises you to visit this web page to review the prevailing MY SONY Membership Rules on the Site.

11.      CHANGES

Sony may update or discontinue any of Products and/or revise prices for the Products listed as available items on this Website or elsewhere at any time. Therefore, Customer agrees that changes between the shipped Products and the Products described in marketing materials (advertisements, catalogues, specification sheets etc.) may occur. All orders are accepted on these terms, which supersede any other terms appearing in this Website or elsewhere and shall override any other terms referred to by the Customer or in any course of dealing.

12.      RESALE

Customer agrees and warrants that the purpose of purchasing the Products is for Customer's own individual or personal use only, and not for commercial, business or resale purpose. Sony shall be entitled to refuse to accept orders placed by Customer if Customer breaches or Sony, on reasonable grounds, suspects that Customer will breach this warranty. Customer shall not remove components from the Products for resale.

13.      EXPORT RESTRICTIONS

Customer agrees to comply with all applicable export laws, regulations and orders of Malaysia, Japan and the United States of America. Specifically, but without limitation, Customer agrees that it will not re-export or ship, directly or indirectly, any Products or technical data in any form without first obtaining Sony's prior written consent and the appropriate export or re-export licenses from the Government of Malaysia, the Government of Japan and/or the Government of the United States of America.

14.      PERSONAL DATA

Sony care about and respect your personal data. Your personal data provided to us on the Site will be protected and processed in accordance with our Privacy Policy.

15.      WAIVER / INVALIDITY

Failure of Sony to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of the Contract is deemed by a court to be unenforceable, the remainder shall stay in effect.

16.      GOVERNING LAW

The Contract shall be governed by and construed in accordance with the laws of Malaysia. The parties hereto submit to the non-exclusive jurisdiction of the courts of Malaysia, that being the place where Customer's order has been received and/or entered and accepted.

17.      HEADINGS

The section headings used herein are for convenience or reference only and do not form a part of these Terms and Conditions or the Contract, and no construction or inference shall be derived therefrom.

18.      ENTIRE AGREEMENT

These Terms and Conditions may not be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend this document or to enter an order for the Product(s) that is subject to additional or altered Terms and Conditions shall be null and void and of no effect whatsoever.