1. INTRODUCTION
(a) https://simplexmarketing.com.my/ is a site (“Site”) operated by Simplex Marketing (M) Sdn. Bhd.
(b) This page sets out the terms and conditions (“Terms”) in accordance with which we supply goods and services listed on our Site (collectively, “Products”) to you. These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Site. Please note that you will be asked to agree to these Terms before placing an order for any Product on our Site. If you do not accept these Terms, you will not be able to order any Products from our Site.
(c) The following types of Products are listed on this Site:
i. products that are Canon branded and manufactured by a Canon group company (“Canon Branded Products”); and
ii. products which are manufactured by and/or supplied to us by third party manufacturers/suppliers (“Third Parties”) and are not Canon Branded Products (“Third Party Products”), including vouchers redeemable for products from Third Parties (“Third Party Vouchers”).
(d) The products which are redeemable by the Third Party Vouchers from Third Parties are hereinafter known as “Third Party Voucher Products”. For the avoidance of doubt, the Products and/or Third Party Products referred to in these Terms do not include Third Party Voucher Products.
(e) IF YOU PURCHASE A THIRD PARTY PRODUCT FROM THIS SITE OR IF YOU REDEEM ANY THIRD PARTY VOUCHER PRODUCT USING A THIRD PARTY VOUCHER, PLEASE NOTE THAT SUCH PURCHASE OR REDEMPTION (AS THE CASE MAY BE) SHALL BE SUBJECT TO THE WARRANTIES AND ANY TERMS AND CONDITIONS ISSUED BY THE RELEVANT THIRD PARTY. CANON IS RESPONSIBLE ONLY FOR THE DELIVERY (WHERE APPLICABLE) OF THIRD PARTY PRODUCTS (INCLUDING THIRD PARTY VOUCHERS) IN ACCORDANCE WITH THESE TERMS, AND SHALL NOT BE LIABLE FOR ANY FAULT, FAILURE, OR DEFECT OF ANY THIRD PARTY PRODUCT.
(f) We may revise these Terms at any time by amending this page from time to time. Please look at the top of this page to see when these Terms were last updated. Every time you order a Product from this Site, the Terms in force at the time of your order, as well as any other terms specific to each Product as displayed on the relevant Product page, will apply to the Contract between you and us. You should print a copy of these Terms or save them to your computer for future reference.
(g) Your use of this Site is governed by these Terms of Use. Please take the time to read and understand it, as it includes important terms which apply to you.
(h) We are committed to protecting and respecting your privacy. We will only collect, use, disclose, or otherwise process your personal data in accordance with our Privacy Policy.
(i) In these Terms:
i. “you” refers to any person who visits and/or uses this Site;
ii. “working day” refers to a day which is neither (I) a Saturday or Sunday, nor (II) a public holiday in Malaysia;
iii. references to “in writing” shall include email;
iv. references to “clauses” are to clauses of these Terms; and
v. headings are for ease of reference only and shall not affect the interpretation or construction of these Terms.
2. ELIGIBILITY
(a) You may only enter into a Contract via our Site if you are at least 18 years old, and if you are purchasing the Product(s) for your own use only and not for re-sale purposes. In placing an order for any Product on this Site, you warrant that you satisfy the requirements set out in this clause and agree to bear all liability and fully indemnify us against any action, claim, proceeding, or demand arising out of your breach of this warranty.
(b) You have an option to register for a membership account on this Site before placing an order for any Product.
3. FORMATION OF CONTRACT
(a) The information set out in these Terms and on this Site does not constitute an offer to sell but an invitation to treat. You may make an offer to purchase any Product on this Site by placing an order for the Product. All orders submitted through the Site are subject to our acceptance in accordance with clause 3(e) below.
(b) To place an order for any Product, you will first have to add the Product to your shopping cart, before proceeding with the order process. You may view the Products in your shopping cart on the Shopping Cart Page, before proceeding to the Checkout Page to submit your order. Please take the time to read and check your order as reflected on the Checkout Page before submitting your order.
(c) You are required to make full payment for the Product (including any applicable delivery charges) when you submit your order by providing us with your credit or debit card details from a credit or debit card company acceptable to us.
(d) If your order is successfully placed, you will see an order success message on the Site and receive an Order Confirmation Email. You cannot cancel the order, once your order is successfully placed. However, please note that this does not mean that your order has been accepted.
(e) Our acceptance of your order will only take place on the dispatch to you of your purchased Product, and until that time we reserve the right to reject your order for any reason whatsoever. For Canon Branded Products and Third Party Products other than Third Party Vouchers, we will confirm our acceptance to you by sending you a Shipping Confirmation Email confirming that the Product has been dispatched. For Third Party Vouchers, acceptance of your order will be confirmed upon dispatch of the Third Party Vouchers by the relevant Third Party, in accordance with clause 9A(b) below.
(f) We reserve the right to refuse to process or to cancel your order for any reason (including but not limited to instances where the Product is not in stock or no longer available). If we do not process or have cancelled your order, we will notify you of the same in writing and refund you the full amount paid for any Product (including any delivery charges, where applicable).
(g) If you have submitted an order containing errors please contact us immediately at 1-800-88-2000 or contact@cmm.canon.com.my . We will try our best to accommodate your request to modify your order (subject to an administrative charges), but we do not guarantee that we will be able to modify your order in accordance with your instructions. In particular, an order may not be modified once it has been dispatched, and any Product may only be returned or exchanged in accordance with clause 7 below. We shall not be liable for any loss or damage to you or any other person arising from any error in orders submitted to us, including errors as to your personal information or the place of delivery.
4. PRICES AND PAYMENT
(a) The prices for the Products are as quoted on the Site at the time you submit your order, in Malaysia Ringgit (MYR), and inclusive of SST. Delivery charges (where applicable) will be reflected separately on the Shopping Cart Page, and will differ according to the location of delivery selected by you.
(b) We shall not be liable for any difference in pricing between the Products listed on this Site and those for sale by other retailers.
(c) Prices for the Products may change from time to time.
(d) While we will take all reasonable care to ensure that the prices of Products quoted on this Site are accurate, there may be instances where errors may occur. If we discover an error in the price of any Product which you have ordered, we will contact you in writing to inform you of this and give you the option of reconfirming your order at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you within 7 working days using the contact details you provided during the order process, we will treat your order as cancelled and notify you in writing. Where your order has been cancelled in accordance with this clause, we will refund you the full amount paid for the order (including any delivery charges, where applicable). Without limiting the generality of the foregoing, please note in particular that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
(e) We may from time to time offer e-coupon codes which may be applied to any, or certain specified purchases made through this Site. Only one e-coupon code may be applied to each order. The other terms and conditions for the use of such e-coupon codes will vary between each e-coupon. If a valid e-coupon code is applied successfully, the discounted order price will be reflected on the Checkout Page. Where the total value of your order is less than that of the e-coupon code applied to it, the excess value of the e-coupon will not be refunded.
(f) All payments on this Site are processed via secured payment gateway facilities and will be subject to any additional terms and conditions of these providers.
(g) If there is a problem with your payment (for example, if your credit card transaction is declined), you may contact us to make alternative payment arrangements. Your order will not be processed until such alternative payment arrangements have been made. We will not be liable for any delay or non-delivery of any Product in such cases.
5. DELIVERY
(a) This clause 5 shall only apply to Canon Branded Products and Third Party Products other than the Third Party Vouchers (collectively, “Physical Products”). For the avoidance of doubt, if an order consists of both Physical Products and Third Party Vouchers, this clause 5 shall apply only to the delivery of Physical Products in the order, while clause 9A(b) shall apply to the delivery of the Third Party Vouchers in the order.
(b) Deliveries will only be made within Malaysia. If there is more than one Physical Product in an order, the Physical Products will be delivered in one or more packages as we may decide.
(c) Your order will be delivered within 5-7 days (West Malaysia) and 7-10 days (East Malaysia) for Canon products orders.
(d) If the Physical Product you have ordered is in stock, we will endeavour to dispatch orders made before 10.00am within the same working day, and orders made after 10.00am in the next working day.
(e) We will notify you if we expect to be unable to meet our estimated delivery time or date for any reason, but to the extent permitted by law, we shall not be liable for any loss or damage due to, or arising out of or in connection with such delay in delivery. In addition, we shall not be liable for any delivery failures or delays by our third party delivery contractor.
(f) Delivery of an order shall be completed when we deliver the Physical Product to the Malaysia address stated in your order, regardless of the person who takes delivery, upon which title and risk in the Physical Product shall pass to you.
6. DISCOUNTS AND PROMOTIONS
Any discounts or promotions offered are on such terms and conditions as we may from time to time prescribe, and may be withdrawn or cancelled by us without notice. All free gifts offered are while stocks last and are not exchangeable.
7. EXCHANGES AND RETURNS OF CANON BRANDED PRODUCTS
(a) This clause 7 shall apply only to Canon Branded Products, and shall not apply to Third Party Products (including Third Party Vouchers).
(b) Except in accordance with clause 7(c) below, there shall be no return or exchange of Products once its order has been confirmed in accordance with clause 3(d), unless otherwise agreed by us at our sole discretion. Please note that this clause 7 is in addition to, and does not affect, your rights under any standard warranty that comes with our Products, or any extended warranty that you purchase for any Product. (For more information on the warranty applicable to your Product, please click : https://ylwc.canon.com.my/
(c) If you believe that you have received a Product which is defective, please contact our Customer Care Line +60 17-616 0200 to assist you with troubleshooting. If the problem cannot be resolved by troubleshooting, please bring the Product (together with the warranty card supplied with the Product and a valid purchase receipt) to the Simplex Customer Care Centre. Simplex Customer Care Centre address and opening hours :
Official Working Hours
8.30am to 6.00pm (Monday – Friday) 8.30am to 1:00pm (Saturday).
Address
101-G, Jalan TKS 1, Taman Kajang Sentral, 43000 Kajang, Selangor
(d) Upon receipt of the Product, Customer Care Centre will require approximately 5-10 working days to examine the Product. If the alleged defect is confirmed, and the return was made within 7 working days from the date of dispatch (as indicated on the Shipping Confirmation Email), we will replace the Product with a new set within 7 working days. However, if the Product was returned after 7 working days from the date of dispatch (as indicated on the Shipping Confirmation Email), we will repair the Product if it is reasonably possible to do so within a reasonable period of time. Otherwise, we will replace the Product with a new set within 7 working days.
(e) If the repair or replacement is not reasonably possible or cannot be done within a reasonable period of time and without significant inconvenience to you, you may keep the defective Product and ask for a partial refund, or return the defective Product and ask for a full refund. Please note that the amount of any refund under this clause shall take into account any use of the Product from completion of its delivery under clause 5.
(f) In the event that the Product returned is not defective, we may at our discretion decide not to repair, replace or refund you for the Product, and require you to pay all reasonable delivery costs and servicing costs.
8. PRODUCT WARRANTY
(a) This clause 8 only applies to Canon Branded Products and Third Party Products other than Third Party Vouchers.
(b) In respect of Canon Branded Products, we make no warranties except and in accordance with the terms contained in the standard warranty provided together with the Product, or any extended warranty purchased in respect of any Product.
(c) In respect of Third Party Products, such Products are sold on this Site only with the warranties issued and granted by the relevant Third Parties, which are provided together with each Third Party Product. Except as otherwise provided in these Terms and to the fullest extent permitted by law, you hereby agree that the relevant Third Party’s warranty shall be the sole warranty in respect of any fault, defect, or failure of any Third Party Product purchased from this Site, and to look solely to such Third Party (and not to us) for any and all claims related to such warranty.
9. REFUNDS
(a) This clause 9 shall apply to all refunds made in accordance with these Terms. (Refund will only be applicable with valid reasons at the discretion of Canon Management).
(b) We will refund you on the credit or debit card with which you used to make payment. Please note that upon the return of the Product to the Canon Customer Care Centre, the normal processing time for refunds is approximately 30 working days.
(c) Where a refund is requested for a Product which was purchased at a discounted price, or which was purchased with an e-coupon, the refund amount shall be at the discounted price paid for the Product.
9A. Third Party Vouchers
(a) This clause 9A shall apply only to Third Party Vouchers, and shall not apply to Canon Branded Products or other Third Party Products.
(b) Dispatch of a Third Party Voucher will be by way of an email and SMS containing the Third Party Voucher, and shall be performed by the Third Party described in the Third Party Voucher.
(c) Once you have received the email and SMS containing the Third Party Voucher, the Third Party Voucher is redeemable by you, for the Third Party Voucher Products described in the Third Party Voucher, from the Third Party described in the Third Party Voucher. The particular Third Party from whom the Third Party Voucher may be redeemed, and the particular Third Party Voucher Product that may be redeemed from that Third Party, will be stated on the Third Party Voucher.
(d) Redemption of a Third Party Voucher must be in accordance with the terms and conditions of the Third Party Voucher. Any attempted redemption of a Third Party Voucher that is inconsistent with these Terms and/or the terms of the Third Party Voucher may render the Third Party Voucher void at our discretion, or at the discretion of the Third Party described in the Third Party Voucher.
(e) The Third Party described in the Third Party Voucher, and not Canon, is solely responsible for:
i. providing you with the Third Party Voucher Product;
ii. the Third Party Voucher Product itself;
iii. the redemption of any Third Party Voucher you purchase; and
iv. warranties, if any, issued with respect to the Third Party Voucher Product.
(f) Any reproduction, sale, resale or trade of a Third Party Voucher is prohibited. Any attempt to reproduce, sell, resell or trade a Third Party Voucher may render the Third Party Voucher void at our discretion, or at the discretion of the Third Party described in the Third Party Voucher.
(g) Neither we nor the Third Party described in the Third Party Voucher are responsible for lost or stolen Third Party Vouchers or Third Party Voucher codes.
(h) A Third Party Voucher will expire on the date specified on the Third Party Voucher.
(i) The Third Party described in a Third Party Voucher may have its own terms and conditions, not specified in the Third Party Voucher, in relation to their supply of the Third Party Voucher Product to you. You, and not Canon, are responsible for compliance with those terms and conditions.
10. EVENTS OUTSIDE OUR CONTROL
(a) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by an Event Outside Our Control.
(b) An “Event Outside Our Control” refers to any act or event beyond our reasonable control, including, but without limitation to, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(c) If an Event Outside Our Control takes place and affects the performance of our obligations under any Contract:
i. we will contact you as soon as reasonably possible to notify you; and
ii. our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
11. DISCLAIMER AND LIMITATION OF LIABILITY
(a) To the fullest extent permitted by law (and without limitation to any other provision in these Terms), we, and each of our related entities, exclude all liability to you or anyone else for any loss or damage of any kind (howsoever caused or arising) relating in any way to this Site (or any Products purchased from this Site) including, without limitation to, any loss or damage you might suffer as a result of:
i. errors, mistakes or inaccuracies on this Site;
ii. you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
iii. personal injury or property damage of any kind resulting from your access or use of this Site or any Product purchased from this Site;
iv. unauthorised access to or use of the Site or its servers;
v. interruption or cessation of transmission to or from the Site;
vi. bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through the Site by any third party; and
vii. the quality or fitness for any purpose of any linked sites.
(b) Without limitation to the foregoing, except as expressly provided in these Terms and to the fullest extent permitted by law, we, and each of our related entities, shall not be liable for any direct, indirect, special, incidental, punitive, or consequential damages arising out of your access to or use of the Site, or any Product purchased from the Site.
(c) To the fullest extent permitted by law (and without limitation to any other provision in these Terms), we shall not be liable for any fault, defect or failure affecting any Third Party Product and/or its performance, any loss or damage incurred by you arising therefrom, and any maintenance, reparation/restoration or replacement of such Third Party Product. You hereby acknowledge and agree that our sole liability to you in respect of any Third Party Product you purchase on this Site is limited to that arising from any failure on our part to deliver such Third Party Product in accordance with these Terms.
(d) Except as expressly stated in these Terms, we do not give any representation, warranties, or guarantees in relation to the Products listed on this Site. Any representation, warranty or guarantee which might be incorporated into these Terms by statute, common law, the law of equity, or otherwise is excluded to the fullest extent permitted by law. In particular, we do not warrant or represent that any of the Products are fit for any particular purpose.
12. INDEMNITY
(a) To the fullest extent permitted by law, you shall at all times indemnify, defend and hold harmless us and our officers, directors, employees, suppliers, agents, and related entities (collectively, “Associates”) from any and all loss, liabilities, costs, expenses, and damages incurred or suffered by you, us, or our Associates arising from any action, claim, proceeding, or demand made by any third party due to, or arising out of or in connection with, your access to or use of this Site, your purchase of any Product from this Site, your breach of any of these Terms or your violation of any law or the rights of any third party.
(b) We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defences.
13. RELATIONSHIP
(a) Nothing in these Terms shall create or be deemed to create a partnership, an agency, an employer-employee relationship, a franchisor-franchisee relationship or a joint venture between you and us.
(b) Our listings on this Site are not intended to, and shall not be deemed to, create a partnership, an agency, an employer-employee relationship, a franchisor-franchisee relationship or a joint venture between us and any of the Third Parties.
14. TRANSFER AND ASSIGNMENT
(a) We may transfer or assign our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. We will notify you by posting on this Site if this happens.
(b) You may only transfer or assign your rights or your obligations under these Terms to another person if we agree in writing.
15. ENTIRE AGREEMENT
These Terms constitutes the entire Terms between us and you in relation to your purchase of any Product, and supersede any and all previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, between you and us in relation to such Product.
16. SEVERABILITY
(a) The performance of our obligations under these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements.
(b) If any provision in these Terms becomes or is declared by any court of competent jurisdiction to be invalid or unenforceable pursuant to applicable law, such invalidity or unenforceability shall in no way affect the other provisions in these Terms, all of which shall remain in full force and effect, and the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
17. WAIVERS
No failure or delay by us in exercising any right or remedy provided by law under or pursuant to these Terms shall be construed or deemed as a waiver or variation of such right or remedy, or preclude its exercise at any subsequent time, and no single or partial exercise of any such right or remedy will preclude any other or further exercise of it or the exercise of any other right or remedy. Any waiver of any provision under these Terms shall only be effective if it is in writing and duly authorised by us.
18. NO THIRD PARTY RIGHTS
A person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any clause provided herein. However, if you have purchased a Product as a gift, the recipient of your gift of a Product will have the benefit of our warranty, but their consent will not be needed to cancel or make any changes to these Terms.
19. GOVERNING LAW AND JURISDICTION
(a) These Terms shall be governed by and interpreted in accordance with the laws of Malaysia.
(b) The courts of Malaysia shall have exclusive jurisdiction over any legal action or proceedings arising out of, with respect to, or in connection with any disputes over these Terms.
Terms and Conditions of eService
Simplex reserves the right to amend any of these Terms and Conditions without prior notice to the Customer.
The eService is NOT transferrable to any equipment that is not set out in the relevant Schedule to the Agreement. In the event of a change in Equipment by mutual consent of Simplex Marketing (M) Sdn. Bhd. (“Simplex”) and the Customer, Simplex and the Customer will have to enter into a new agreement for the eService.
Customer’s Responsibility
The Customer is responsible for his own network infrastructure, internet connectivity and any other cost incurred to maintain those above in good working environment. Simplex cannot provide any eService in cases where the Equipment is unable to communicate with the server due to internet communication failure between the Customer’s internal and external environment.
The Customer shall authorize:
Simplex to connect the Equipment to CANON’s remote server;
the establishment of HTTP/HTTPS communications between the Equipment, the eService, and CANON’s remote server;
Simplex to use Service Data for the purposes of providing the eService, product/service improvement and development activities;
In order to maintain the connectivity of the eService, the Customer shall keep Simplex informed of any changes to its network environment (including without limitation change of IP address, hostname, Web proxy details), so as to facilitate the change of relevant settings of the eService.
The Customer acknowledges that availability of the eService is dependent on Internet connection and that Simplex shall not be liable for any loss or damage (including arising from the security or loss of data) arising from such Internet connection.