Terms and conditions of Malaysia
Introduction
As a customer of RaceChip Malaysia you (for the purposes hereof “you” shall be deemed to be the “User” and vice versa, as the case may be) are permitted access to the www.racechip.com.my website to view and securely purchase our advertised products (the “Products”), subject to the terms and conditions set out herein.
These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”):
- Constitute an Agreement between RaceChip Malaysia (hereinafter referred to as RaceChip Malaysia) and you (the “User”),
- Governs our respective rights and obligations in respect of your access to and use of the website hosted at the domain name
RaceChip Malaysia (the “website”) and the purchase of Products from the website.
By accessing and using the Website, you agree to be bound by the Terms and Conditions set out in this legal notice. If you do not agree to these Terms and Conditions then kindly refrain from accessing and using the website.
By purchasing Products and / or accessing and using the website you admit that you have read, understood and agreed to the terms and conditions as set out herein and furthermore you signify your agreement to be bound by the terms and conditions (as amended from time to time). RaceChip Malaysia may at any time amend any of its terms and conditions and such amendments will supersede and replace any previous terms and conditions. The amended terms and conditions will be made available on the website. Each time you access the website, you agree to be bound by the latest terms and conditions, to the exclusion of all other terms and conditions and your continued use of this Website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Use of RaceChip Website (www.racechip.com.my)
You may only use the website to browse the content, make legitimate purchases and not for any other purposes, including without limitation, to make any speculative, false or fraudulent purchases. The website and the content provided therein (the “Content”) may not be reproduced, republished, copied, varied, uploaded, posted, transmitted or distributed and the User may not access, display, use, download, and/or otherwise copy or distribute the Content obtained on the website for marketing or any other purpose without the written consent of RaceChip Malaysia. Deep-linking, embedding or using analogous technology is strictly prohibited. Unauthorized use of the website and/or the materials contained thereon may violate applicable intellectual property or other laws.
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
RaceChip Malaysia does not make any warranty or representation that information and the Products advertised on the website are appropriate for use anywhere in the world. By accessing the website, you warrant and represent to RaceChip Malaysia that you are legally entitled to do so and to purchase the Products made available thereon.
RaceChip Malaysia does not make any warranty or representation that information and products advertised on the website are appropriate for use in any jurisdiction. By accessing the website, you warrant and represent to RaceChip Malaysia that you are legally entitled to do so and to make use of information and purchase the products made available via the website.
Electronic Communications
By using the Website or communicating with RaceChip Malaysia by electronic means such as e-mails or online communications, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
Product availability, orders and confirmation
RaceChip Malaysia Pty (Ltd) updates stock levels daily but this is not displayed on our website.
Please contact us for availability before purchasing online.
Should we not have stock and you did not confirm your order will then be placed on Back Order and you will be notified.
All Products advertised on the website are subject to availability and constitute an invitation by RaceChip Malaysia to you (the User) to make an offer to purchase the Products. Orders placed by the User on the website constitute the User’s offer to purchase the Products so ordered, save that any such offer to purchase does not constitute any guarantee that what is being ordered will in fact be available. Orders cannot be withdrawn by the User unless expressly agreed to by RaceChip Malaysia in writing. As we process your order, we will inform you by email if any Products you order are unavailable
Receipt of confirmation of the order shall constitute acceptance by RaceChip Malaysia to process the order. Although the website is designed to confirm receipt of orders, technical or other problems may delay or prevent communication of such confirmations. If you do not receive a confirmation from RaceChip Malaysia then do not resend your order as this may lead to a duplicate order for which you will be held liable. The
transaction will only be deemed to have been concluded once the Product selected and ordered by the User has been collected and / or delivered in accordance with the agreed process.
Our delivery times are usually within 3 working days for main city centres and within 5 working days for regional/outlying areas.
Whilst every effort will be made to expedite delivery of the Products ordered, delivery times are estimates only and we are not liable for any late deliveries.
Once the parcel has left our office, RaceChip is no longer liable for it.
RaceChip Malaysia is entitled, on notice to the User, to reject or cancel any order without giving reasons therefore.
RaceChip Malaysia reserves the right to verify the identity of any User or the payment method used. This may require you being required to send us a copy of your identity document or passport, a copy of the front and back of your credit card and/or acceptable proof of residence. Failure to do so may result in us cancelling your order without reason.
Should you have any issues please contact us on 013 752 4302 or email us on sales@racechip.com.my
Correct Information
RaceChip Malaysia Pty (Ltd) goes to great lengths to ensure that the content, images, descriptions, prices and information on the RaceChip Malaysia Pty (Ltd) website is accurate. We continuously update content using manufacturer’s and supplier’s catalogues and suppliers price lists. In the event that you come across a mistake, please inform us (sales@racechip.com.my) If you bought something based on a description on the website and the item received does not match the description, we will be happy to give you a refund, as long as the item is unused. Please see Refund and Return Policy: RaceChip Malaysia Pty (Ltd) Error for more information.
Please Note: RaceChip Malaysia Pty (Ltd) reserves the right to decline orders based on inaccurate information.
Delivery Policy
Should no-one be in attendance at the time of delivery, the driver will retain the Products and a notice will be left at the delivery address to this effect. A RaceChip Malaysia representative will attempt to contact you to make new arrangements for delivery or collection.
RaceChip Malaysia reserves the right to charge an additional delivery fee should it be required to make a further delivery if no one is at the delivery address to receive the Products. RaceChip Malaysia’s liability for failing to deliver the Products on the day indicated by you where you have chosen to receive delivery at a later date, or at all, is limited to the Products being delivered at a later agreed time at no additional charge.
You are required to ensure that you or an authorized person shall be in attendance at the delivery address and that appropriate access will be made available. Kindly take note that RaceChip Malaysia has outsourced all delivery arrangements. Accordingly, RaceChip Malaysia shall not be liable for any damage suffered or loss incurred by reason of any acts or omissions of the contracted courier, its directors, employees, sub-contractors, agents, representatives and/or affiliates.
Payment and Payment Methods
Despite our best efforts, a small number of our Products could be priced incorrectly. If a Product’s correct price is lower than our stated price, we will charge the lower amount and if a Product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation. Accordingly RaceChip Malaysia will not be obligated to sell such Product at the incorrect price. All prices are including VAT unless indicated otherwise.
. Get it Quick (ONLY MAIN CENTRE'S)
R 100 will ensure that delivery of your order will be within 1 – 2 working days.
(Next day delivery for certain main centres ONLY)
Orders need to be placed & paid before 14:00 on a working week day in order for your parcel to go out on the same day.
. Get it Not So Quick
Standard delivery – All orders qualify for FREE delivery (Applicable to areas within Malaysia.)
Delivery will take place within 3 – 5 working days.
Upon receiving the parcel and signing for delivery – inspect the product for any faults, defects or damage. Please keep the receipt of the delivered product, just for precaution.
Pricing
Prices include Value Added Tax (VAT) at a rate of 14%. Prices on the website is updated regularly, and may change without notice. Prices are dependent on International Exchange Rate(s).
Payment Methods
Prices include Value Added Tax (VAT) at a rate of 14%. Prices on the website is updated regularly, and may change without notice. Prices are dependent on International Exchange Rate(s).
- EFT (Electronic Funds Transfer)
- Direct Deposit
- Credit Card / Debit Card (RaceChip Malaysia Pty (Ltd) accepts Visa & Matercard).
Credit Card payments are handled by PayU (www.payu.co.za) - an independent and secure payment gateway which ensures absolute security when buying online.
Credit Card Security When you make your purchase by means of Credit Card we will ask you to provide us with your billing address, your card type (Master Card, VISA, etc.), credit card number, cardholder’s name, expiry date and CVV2 number (last 3 digits on the back of your card).
You need not worry that these details can be ‘hijacked’ by RaceChip Malaysia Pty (Ltd) personnel. c uses an independent and secure payment portal called PayU (www.payu.co.za) to ensure safe, secure and swift on-line payment transactions.
Please note that RaceChip Malaysia Pty (Ltd) might have to phone you for additional details in the interest of Credit Card payment security.
Confirmation of payment will only occur once the funds are reflected in the RaceChip Malaysia bank account and only then will the order be processed, and we will then dispatch your parcel.
Proof of Payment needs to be sent before 14:00 to ensure that your parcel is sent out that same day.
If your order is placed and paid before 14:00 (Monday to Friday), we will dispatch your parcel on the same day.
Processing of orders
- Orders that are placed and paid for by 14:00 on a Friday will be shipped that same day but will only be delivered the next working day.
- Orders that are placed and paid for over a weekend will only be processed and sent out on the following Monday.
Please keep in mind that RaceChip uses various courier companies.
Should you wish to track your parcel, you will receive an email once your parcel is collected from our office which will include your tracking number as well as the details of the courier company your parcel was sent with.
For any other queries or questions regarding the courier, delivery or status of your order, you can email sales@racechip.com.my
Shipping Costs
Shipping charges on all orders are calculated taking into account geographical area of the delivery address, weight & dimensions of the parcels.
Please contact us should you wish to add insurance at your own cost. RaceChip cannot be held accountable for any loss or damage to ordered merchandise that occurred during the couriering thereof.
Should you choose not to make use of the additional insurance, RaceChip cannot be held accountable for any loss or damage to ordered merchandise that occurred during the couriering thereof.
If you have any queries or questions regarding the courier, delivery or status and you cannot get the relevant information;
Please feel free to contact sales@racechip.com.my
Refund and Return Policy
At RaceChip we’d like you to be 100% satisfied with our Service and Product Quality. We’d happily exchange an item which is faulty or damaged.
Users may only return a Product or request a refund if:
The Product is damaged prior to delivery;
The Product is faulty on collection / delivery; or
The incorrect Product was collected / delivered.
Should you claim that the unit is “not” working, the onus is on the client to prove correct installation as well as proof by a dyno confirming the claim.
The opportunity has been given to RaceChip to correct or alter or assist with the installation and or replace a faulty supplied item.
~ Fuel savings are an estimation and not guaranteed, we therefor do not refund on fuel efficiency claims.
In such a case, no returns or refunds will be accepted after seven days of collection / delivery of the Product.
New Product Returns
The Product will not, under any circumstances, be returned or refunded if the Product is returned without the original packaging. In the event that the product is faulty on collection / delivery, RaceChip Malaysia reserves the right to first attempt to remedy the fault, prior to considering your request for a refund.
Refunds on cancellation of orders due to stock availability will be processed within 30 days.
Cancellation of orders by the User will attract a 15% charge for administration costs and a 15% handling fee.
RaceChip Malaysia reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet RaceChip Malaysia’s standards.
Should RaceChip Malaysia exercise this right, the User will receive a full refund with no deductions.
The 14-day money back guarantee is valid for postal or courier orders only! Terms and conditions stipulated above as per our “refund and return” policy.
A RaceChip Malaysia Pty (Ltd) Error
Should RaceChip Malaysia Pty (Ltd) have made a mistake with your order, by sending an item(s) that doesn’t appear correct according to your original order invoice, RaceChip Malaysia Pty (Ltd) will happily exchange this item(s) for you.
Note -
We need to be informed on the issue & the merchandise must be returned immediately. Inform us via email sales@racechip.com.my
Merchandise must be in the original packaging without damage
Merchandise must not have been fitted or used
Merchandise must be accompanied by all email correspondence.
RaceChip Malaysia Pty (Ltd)’s courier company will arrange to collect & return of the item(s) to the RaceChip offices.
Damaged/Faulty items
All items purchased from the RaceChip Malaysia Pty (Ltd) website, are warrantied (Normally 12 - 36 month period please read accompanying product documentation). Please note that warranties only cover manufacturing faults and defects, but do not cover damage caused by normal wear and tear or abuse.
If you feel that your product has developed a fault and should be exchanged under warranty, please contact us sales@racechip.com.my to determine whether this is indeed a warranty issue.
We will contact the supplier and do our best to sort out you problem.
If the merchandise needs to be returned:
Please ensure that the merchandise is clean (in original packaging if possible)
Merchandise must be accompanied by an email correspondence or a "warranty form" (where applicable, depending on the relevant supplier).
Order Cancellation
In terms of the statutory ‘cooling off’ period that applies when buying by means of mail order, you are entitled to cancel your order within 7 days of ordering, even though the goods may already have been dispatched. Please note that you need to inform us in writing sales@racechip.com.my of your intention to cancel the transaction within 7 days of ordering.
Important:
Your notice to us must be marked clearly “Cancellation of Order” so as not to be mistaken for a "General returns" where certain administration and shipping fees are applicable.
Merchandise must be accompanied by all email correspondence.
The client will be expected to pay all shipping/courier costs (delivery & return). This will be deducted from the purchase price of the items & difference credited (as per correspondence with the client).
Warranties, Disclaimers and Limitation of Liability
RaceChip Malaysia Pty (Ltd) does not take responsibility for any damages sustained or relating to the use of this site albeit, indirect, consequential or direct, data loss, income, profit, property loss or damage and third party claims implied or otherwise.
RaceChip Malaysia makes no warranties, representations, statements or guarantees (whether express, implied or otherwise) regarding the website and the Products.
RaceChip Malaysia Pty (Ltd) reserves the right to make changes to these “Terms and Conditions” from time to time. RaceChip Malaysia Pty (Ltd) will make it exactly clear how we use personal information provided to us by our customers.
Neither RaceChip Malaysia nor its members, officers, agents or employees shall be liable for any loss, liability, damage (whether direct, indirect or consequential) and/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 use of the website and/or any information contained on the website and/or your purchase or use of the Products. Without limiting the generality of the foregoing, neither RaceChip Malaysia nor its members, officers, agents or employees shall be liable for any failure and/or unavailability of the website for any reason whatever and/or the failure/delay by any third party service provider to render any service which is necessary to ensure the availability of the website.
You hereby indemnify RaceChip Malaysia and its members, officers, agents and employees against any loss, liability, damage (whether direct, indirect or consequential) 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 the aforesaid. Notwithstanding anything to the contrary contained herein, RaceChip Malaysia shall not be liable for any direct, indirect, contingent or consequential loss (including but not limited to loss of business, loss of data and/or loss of profits) incurred or sustained by you or any third party howsoever arising in respect of your use of or reliance of any information offered on or via the website and/or your use of any of the Products.
Information, ideas and opinions expressed on this website should not be regarded as professional advice or the official opinion of RaceChip Malaysia. Users should conduct their own investigations into the Products prior to acquiring them.
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. RaceChip Malaysia, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither RaceChip Malaysia shall not be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, the Products or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if RaceChip Malaysia is expressly advised thereof.
Disclosures required in terms of Section 43 of the Electronic Communications and Transactions Act 25 of 2002
Company Name: RaceChip Malaysia (PTY) LTD
Telephone number: 013 752 4302
Website address: www.racechip.com.my
E-mail address: sales@racechip.com.my
Company registration number: 2009/016565/07
Vat Registration Number: 404 026 4543
Country of incorporation: Malaysia
You may request a record of your transaction for up to 90 days after which we will not be obligated to keep any records of your transactions.
Governing Law
This Website is controlled, operated and administered by RaceChip Malaysia from its offices within the Republic of Malaysia. Access to the Website from territories or countries where the Content or purchase of the Products sold on the Website is illegal, is prohibited. The User and / or User may not use this Website in violation of Malaysian export laws and regulations. If the User accesses this Website from locations outside of Malaysia, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of Malaysia, and the User consents to the jurisdiction of the North Gauteng High Court, Pretoria, Malaysia in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.
Privacy and Data Protection: casual surfing
Logging off
You must log off once you have finished using the website. If you do not do this, unauthorised transactions may result. RaceChip Malaysia will not be liable for such unauthorised transactions.
Monitoring
RaceChip Malaysia shall have the right, but shall not be obligated, to monitor any activity and content associated with the website. We may investigate any complaints or reported violations of the terms and conditions and we reserve our rights to take any and all such actions as we may deem appropriate under the circumstances.
Privacy Policy
When registering at RaceChip Malaysia Pty (Ltd), we will ask you to provide us with your name, e-mail address, billing address, delivery address and telephone number.
This information is essential for the processing of your order and to keep you posted regarding the status of your order. Your details will be kept in the strictest confidence by RaceChip Malaysia Pty (Ltd) and not sold or made known to third parties. We would like to keep you informed on any RaceChip Malaysia Pty (Ltd) Specials that we are running at any given time and will also use the contact information provided for that purpose, unless you would prefer otherwise, in which you need to notify us via email on sales@racechip.com.my
Where personal information pertaining to the User is required to be submitted on the website, this information will be kept confidential and will only be disclosed to third parties if RaceChip Malaysia is under a legal obligation in terms of any prevailing laws to make such a disclosure. The information may be used by RaceChip Malaysia to exploit marketing and promotional opportunities for the Products, in instances where the User has consented to receiving such marketing and promotional material.
Copyright and Intellectual Property Rights
All content on the RaceChip Malaysia Pty (Ltd) website including but not limited to images, descriptions, code, intellectual property and pricing are the property of RaceChip Malaysia Pty (Ltd) and may not be copied without the express permission of RaceChip Malaysia Pty (Ltd).
RaceChip Malaysia provides certain information on the Website. The Content currently or anticipated to be displayed at this Website is provided by RaceChip Malaysia, its affiliates and/or subsidiary, or any other third party owners of such content. All such proprietary works, and the compilation of the proprietary works, are copyright to RaceChip Malaysia, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by Malaysian and international copyright laws. RaceChip Malaysia reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User and / or User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content. RaceChip Malaysia is a trademark of RaceChip Chiptuning GmbH & Co. KG.
General
A certificate issued by an administrator of this website shall constitute prima facie proof of any fact related to this website, including but not limited to what content was published or functionality was available on the website at a specific point in time.
The deeming provisions of the ECT Act are excluded to the extent that no message shall be deemed to have been received by us unless we acknowledge receipt thereof in writing. This does not detract from the fact that if you submit an order more than once you may have concluded a double transaction for which you will be liable and that a transaction will only be deemed to have been concluded between you and RaceChip Malaysia on delivery/collection of the Product.
RaceChip Malaysia shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms and conditions.
The headings appearing in these terms and conditions are inserted for convenience only and will not be taken into account when interpreting these terms and conditions.
All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to void-ness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scrip to and the remaining provisions of these terms and conditions shall remain in full force and effect.
RaceChip Malaysia will not be held responsible for any delay or failure to comply with our obligations under these terms and conditions if the delay or failure arises from any vis major or other cause which is beyond it’s reasonable control.
