Welcome to TOP KINABALU web site online store. Terms and conditions stated below applies to all visitors and users of TOP KINABALU. You're bound by these terms and conditions as long as you're on www.topkinabalu.com.
1. Content; Copyright and Trademark Notice. Terms and Conditions of Use Agreement
The Site, and all of its contents, including but not limited to design, selection, arrangement, and coordination of such Content on the Site, are protected by copyright, trademark and various other intellectual property rights laws, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Top Kinabalu Trading Sdn Bhd. Trademark or service mark may not be used without the express written permission from Top Kinabalu Trading Sdn Bhd.
Top Kinabalu Trading Sdn Bhd reserves all rights not expressly granted here under. Top Kinabalu Trading Sdn Bhd expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.
By accessing the Site, you confirm your understanding of the Terms and Conditions:-
- If you do not agree to these Terms and Conditions of use, you should not review information or obtain goods, services or products from this site.
- Top Kinabalu Trading Sdn Bhd reserves the right, at its sole discretion, to change, add or remove portions of this Terms and Conditions of Use, at any time.
- You agree that all subsequent purchases by you will be subject to the Terms and Conditions of Use, which shall apply until we post a modified Terms & Conditions of Use and then in accordance with such modified Terms and Conditions of Use.
It is your responsibility to check this Terms and Conditions of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with this Terms and Conditions of Use and any such modifications, Top Kinabalu Trading Sdn Bhd grants you (“End User”) a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.
2. Member Account, Password, And Security
Certain services and related features that may be made available on the Site may require registration or subscription. You must be over 18 and a resident of the Malaysia to open an account and receive our rewards point. Should you choose to register or subscribe for any such 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 Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible 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 Site shall not be responsible or liable, directly or indirectly, 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.
3. Termination of membership
We reserves the right to terminate the membership of any member at any time without notice or explanation, and the member will not be eligible to receive any rewards that may have been earned or accrued. Furthermore, the company reserves the right to refuse membership to any person at any time, without notice or explanation. You agree that Top Kinabalu Trading Sdn Bhd will not be liable to you or to any third party for termination of your access to the Site.
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
4. Conditions of Order, Sale and Purchase Terms.
The Site will only accept orders for delivery of the products to the street address of customer in Malaysia and reserves the right to limit quantities of the products purchased in any order. All orders of the products placed by customer made via this Site shall be subject to acceptance by http://topkinabalu.com.my, which acceptance is at the discretion of the Site.
To purchase any goods and / or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following:
- your name as it appears on the card
- your credit card number
- the credit card type
- the date of expiration
- any activation numbers or codes needed to charge your card.
By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience. All sales of products and services are final. All charges from those sales are non-refundable.
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. The Site shall be entitled to deduct or set-off any and all such fees, charges and costs against customer's payment before refunding the same to customer.
Customer will be charged when the notice of acceptance is sent to the customer. Customer's order will be deemed to be cancelled if customer's credit card is not honoured. If customer's order is cancelled after clearance of customer's credit card but before a notice of acceptance by the Site 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. The Site shall be entitled to deduct or set-off any and all such fees, charges and costs against the customer's payment before refunding the same to the customer.
5. Order Acceptance and Pricing Matter
Please note that there are cases when an order cannot be processed for various reasons. The Site 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 Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website or containing any other incorrect information or typographical errors. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own 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. Top Kinabalu Trading Sdn Bhd shall immediately issue a credit to your credit card account in the amount of the charge.
Pricing of the products shall be as stipulated in the official price lists published by the Site from time to time in force as at the date of placement of orders by customer. Product prices include all Malaysian taxes that may be imposed on the transaction under the Contract but are exclusive of transportation costs from the Site to customer within Malaysia, which shall be borne by the customer.
Prices, specifications and availability of goods are subject to change without prior notice. Due to the changing nature of the market and outlets location, the price of goods might be different to Top Kinabalu’s showroom. We would not recommend customer to use online shopping website as source of reference for the products pricing as online shopping is different nature of business.
The delivery process will only be initiated after payment has been validated and a notice of acceptance has been sent to the customer. The Site shall endeavour to arrange to deliver the products to the delivery point in Malaysia designated by customer in his or her purchase order. The Site 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, The Site 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.
Any dates quoted by the Site for delivery of the products are estimates only and shall not form part of the Contract. In no event shall the Site 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.
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 authorizations required to enable the products to be delivered, the Site 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 the Site all costs and expenses (including storage and insurance charges) arising from its failure.
7. Risk of Loss or Damage
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.
8. Critical Components
The products are not authorized 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.
The Site may update or discontinue any of products and / or revise prices for the products listed as available items on this Site 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 Site or elsewhere and shall override any other terms referred to by the customer or in any course of dealing.
Customer agrees and warrants that the purpose of purchasing the products is for customer's own individual or personal use only, and not for resale. The Site shall be entitled to refuse to accept orders placed by customer if customer breaches or the Site, on reasonable grounds, suspects that customer will breach this warranty.
11. Export Restrictions
Customer agrees to comply with all applicable export laws, regulations and orders of Malaysia. 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 The Site's prior written consent and the appropriate export or re-export licenses from the Government of Malaysia.
12. Service and Support for Goods Sold
All requests for technical service and support should be made directly to the manufacturer in accordance with their warranty terms and conditions. On the other hand, Top Kinabalu Trading Sdn Bhd will support to liaise with the manufacturer should the assistant required. Product sold strictly for home. No warranty for commercial usage.
13. Contacting Us
If you would like to make any inquiries or complaints or request access or correction of the personal data or opt out from receiving direct marketing materials, please contact us at:-
14. Product Image
All picture are for illustration purpose only. Picture shown might has different compare with actual product received, in terms of colours, sizes or others.
Top Kinabalu reserve the absolute rights to amend or modify the Terms and Conditions of Sales stated at any time without prior notice. In the event of dispute, the law of Malaysia shall apply.