Use of the WeShop website and your WeShop account
1. The Terms 'You' 'Your' 'We' 'Our' and 'WeShop'
In these terms and conditions, the terms 'you' and 'your' refer to you personally (if you are an individual) or the entity you represent (if you registered on behalf of a business entity), and the terms 'we' 'our' and 'WeShop' refer to WeShop Malaysia, its related companies and/or its third party suppliers.
You agree that clicking the 'I Accept' button prior to registering for a WeShop account is valid and equivalent to signing a hard-copy printed agreement between you and WeShop. You may decline the terms and conditions, but if you do so, you will not be able to open an account or use WeShop services.
3. Account Creation
To register to use WeShop services, you need to provide WeShop with a current, valid e-mail address, your street address, and contact phone numbers. You certify that the information you provide is accurate and that you will update it promptly if any of it changes. We reserve the right to cancel any unconfirmed account or an account that has been inactive for a lengthy period of time, or if we find you have submitted inaccurate information, or if we determine that your account may be compromised or used for fraudulent purposes. You may not open more than one WeShop account.
4. No Transfer of Account
You may not transfer your WeShop account or your account login/password to any other person.
5. Specified Countries
You may only create a WeShop account and use WeShop services if you reside in a country listed in the pull-down menu on the WeShop website.
You agree to keep your WeShop password confidential, to safeguard it and your computer(s) and mobile device(s) from access by others, and to log out of the website when your session is complete. You are responsible for any use of the WeShop website and of your WeShop account made under your login and password. If you become aware of or suspect any unauthorised use of your WeShop account, or any known or suspected security breach such as disclosure or loss of your password or theft of your WeShop account information, you should notify WeShop promptly. We will immediately block or deactivate your account, and, depending on the circumstances of the security breach, we may allow you to open a new account.
7. Your Warranties and Representations
You warrant and represent that:
8. Privacy Data Protection
9. Your Use of the Website
You may not use the WeShop website or WeShop services for any unlawful purpose. We reserve the right to terminate or restrict your access to your WeShop account and your use of WeShop services if, in our opinion, your use may violate any laws, infringe upon another person's rights, or breach the terms of this Agreement.
10. Shipping Cost Calculator
When you use WeShop's proprietary Shipping Cost Calculator for an advance determination of the combined costs of duty, taxes and international shipping, the resulting cost is an estimate only, based on the information you provide. The actual cost may vary from the estimate due to several factors, including but not limited to: changes in currency exchange rates; differences between the estimated and the actual package weights; discrepancies between the estimated and actual product classification or value; the use of volumetric weight calculations for bulky, lightweight packages; and/or additional local delivery charges if your delivery address is in a remote geographic area. Special note: Some destination countries may assess government mandated clearance fees in addition to duty and tax. Depending on the nature of these fees, they may or may not be included in the Shipping Cost Calculator estimate. They will however be included in the charges assessed at shipment release.
11. Malicious Content.
We make all reasonable attempts to exclude viruses, worms, and other malicious content from these web pages, but we cannot and do not guarantee the complete absence of such. Please take appropriate safeguards before downloading information from the WeShop website.
12. Intellectual Property
WeShop websites, user interfaces, the 'look and feel,' the content, the Shipping Cost Calculator, and all associated and underlying software, know-how, methodologies and processes are and will remain the sole property of WeShop or its third-party suppliers and are protected by copyright, trademark, trade secret and other intellectual property laws. The use of the software, the data generated by the software, and all other materials made available on this website are licensed to you by WeShop on a nonexclusive and limited basis.
13. Infringement; Counterfeit goods
'WeShop' is a trademark, with registrations granted in numerous countries. Use of this website does not grant you a license to use the WeShop trademark. It may not be copied, downloaded, reproduced, used, modified or distributed in any way (except as part of a copy of any of these web pages or screens as authorised in section 12 above) without our written permission. All other trademarks or trade names displayed or referred to on our website are the property of their respective owners
15. Other Websites
WeShop is not responsible for the content or accuracy of information obtained from any third party (non-WeShop) website which may be linked to the WeShop website, or which you may access from this website
16. Disclaimer of Warranty
Your use of the website is at your own risk, and you acknowledge that WeShop web-based services are provided on an 'as is' and 'as available' basis. While we endeavour to provide accurate and current information via our website, we disclaim all warranties, express and implied, including but not limited to warranties of merchantability, fitness for a specific purpose, and non-infringement, to the full extent permissible by applicable law. The website is not warranted to be uninterrupted or error-free. WeShop is not liable for any inability to access, delay in accessing, or interruptions in access to your account or conducting transactions due to unavailable or unreliable telecommunications networks or internet service providers, incompatible or malfunctioning equipment, software you use for such access, or other causes beyond WeShop's control.
17. Limitation of Liability
In no event will WeShop be liable for any indirect, special, consequential, incidental, punitive or exemplary damages (including but not limited to loss of business, loss of revenue, loss of profits, loss of goodwill, lost opportunity, business interruption, or loss of information) arising out of your use of or inability to use your WeShop account or the WeShop website, even if we have been advised of the possibility of such damages. Except for loss of or damage to packages during international shipment, WeShop's maximum liability, and your exclusive remedy with respect to any errors in WeShop services provided to you under this agreement, is limited to US$100 (or equivalent) per incident. Some countries or states do not allow the disclaimer of implied warranties or limitation of certain damages, so such disclaimers and limitations may not apply to you.
E-mail notices, newsletters and/or information on the website will be the primary methods by which we will communicate. We will send notices and any other pertinent information to you at the e-mail address you supply when you open your WeShop account or have subsequently updated. You can send notices or other communications to WeShop using the e-mail, Live Chat or phone call.
19. Modification of WeShop Terms and Conditions
We may modify these terms and conditions at any time without notice. Your continued use of your WeShop account after the introduction of such modifications will constitute your acceptance of the modified terms and conditions.
Your purchase of products from merchants
20. Ordering Products
You place an order with an online merchant, either through links on this website or directly from the merchant's website, or via our Help-me-shop Service (see section 23 below). You will pay the merchant directly for the product and the cost of domestic shipping (if applicable), for delivery to your WeShop address. You agree to comply with any conditions and restrictions of sale which are specified on the merchant's website or which you are notified of during the purchase process.
21. Correct Addressing (Help-me-ship service)
You will take all reasonable measures to ensure that the products you order are correctly addressed to your WeShop address, including your name and exact suite number.
22. Purchase Transaction Solely Between You and the Seller (Help-me-ship service)
WeShop provides services enabling you to shop online from merchants' websites in another country and have products delivered to you in your home country; however, WeShop does not sell the products to you. You are solely responsible for selecting and ordering the products from the merchant, and your purchase of a product is a transaction solely between you and the merchant.
23. Help-me-shop service
If the merchant does not or will not accept your international payment method, you may use our Help-me-shop Service for a WeShop service fee. We place the order for you, according to the instructions you provide, and pays for the purchase on your behalf. For detailed information, see our FAQ. The following conditions apply to all Help-me-shop orders:
Receipt of packages at your WeShop address
24. Our Receiving Procedure
We will in good faith receive packages delivered to your WeShop address. We will notify you when they are received, advise you of the actual cost of duties, taxes and international shipping/handling, and seek your instructions for shipping or storage of the packages. We will not accept parcels or packages delivered on a COD (Cash On Delivery) basis. You are the only person authorised to pay for and release the shipment, including releasing any packages addressed to your friends or family members. The payment must be via a card or payment method issued in the same country where you are located.
25. Loss or Damage of Products in Transit to our export facility
WeShop will not be liable for products lost or damaged in transit from the merchant to the WeShop export facility. We reserve the right to refuse delivery at the WeShop export facility if, upon inspection of the outside of the package, it is obvious that the product is damaged or incomplete. In such a case, we will return the product to the sender and will notify you.
26. Inspection of Packages.
27. Prohibited Items.
28. No Mail Accepted.
Storage at the WeShop export/local facility
29. Storage of Packages; Storage Charges After 60 days.
We will store packages for you, free of charge, for a period of up to 60 days from the date received at your WeShop address.
30. Unidentified Recipients
Occasionally we receive packages where the appropriate recipient cannot be identified, e.g., the customer name and/or the suite address may be missing or mis-stated. If you have ordered a product and there is an unusual delay in receiving notification from WeShop that there is a package waiting for you, you should contact Customer Service and describe the product you are expecting so that we can inspect unidentified packages and see if yours is there.
International shipment and delivery
31. Shipment of Packages
When you request packages to be shipped, and you have paid the total cost specified in your 'Shipment Release' form (Payment invoice)– including all duties, taxes, shipping, any fuel surcharge required by our delivery company, any country-specific customs or import fees, and any applicable handling charges and storage costs (which may differ from the estimate given using the Shipping Cost Calculator - see section 10) – WeShop will arrange international shipment to your home country and deliver the packages to the delivery address you specify.
32. Appointment of WeShop as Agent.
You appoint WeShop to act as your agent to manage all export, import and customs clearance procedures and to ensure that customs duties and taxes are paid to the relevant customs and tax authorities. WeShop will perform these functions based on the information you provide and, accordingly, WeShop will not be responsible or liable for any additional duties or taxes that are assessed if the information you provide to us is inaccurate or incorrect..
33. Accurate Contents and Value Declaration. Payment of duty and tax
An accurate description of the contents of your package, and its value, is necessary for compliance with export and import laws (see also sections 36 and 37). To help reduce the incidence of errors, we will frequently request a copy of the merchant’s invoice or order confirmation establishing the price paid for your goods. However, you are solely responsible for the correctness and accuracy of all information you provide to WeShop regarding the contents of your package and the value. You agree to indemnify and hold WeShop harmless from any liability for any under-declaration of value or other misrepresentations you might make. You acknowledge that:
34. Shipping Charges
As noted in section 10, the international shipping and handling charges generated by our Shipping Cost Calculator are estimates only. The Shipping Cost Calculator's estimate may differ from the final shipping charges which can only be determined once we have received the package at your WeShop address.
Your final cost will include any applicable country-specific government-mandated clearance fees in addition to duty, tax, shipping, and fuel surcharges if applicable.
36. Compliance with Law: No Illegal Materials or Prohibited Goods
You agree to comply with all applicable laws and regulations in effect in the country from which the goods are shipped, and in the country in which the goods are received. You will not use or attempt to use WeShop to receive or send illegal, hazardous or dangerous materials, prohibited goods, or controlled substances. Goods are unacceptable for shipment if:
37. Export and Import Compliance.
You acknowledge and agree that:
You will be liable and agree to indemnify WeShop for any costs, penalties or fines which may be incurred if any shipment is found to violate any of these conditions and for any legal costs that WeShop incurs in connection with such violations. WeShop will have the right to terminate your account and your use of WeShop services if you violate any of the above agreements and acknowledgments.
38. Limited Liability for Lost or Damaged International Shipments
Every package shipped internationally from the WeShop export facility is transported on a limited liability basis at $100 per accident. All other types of loss or damage are excluded (including, but not limited to, lost profits, income, interest or future business).
39. WeShop Insurance
Refunds, returns, claims
40. Lost or Damaged International Shipments
In the case of loss or damage to all or part of a shipment, WeShop will refund the shipping charges for the affected package (and the price of the goods if the shipment was covered by WeShop insurance– see section 39) by the same method as you used in paying for our services where possible. Where this is not possible we will issue a credit to your account that will be applied to your next shipment.
41. Duty and Taxes
If by chance duty and taxes have not been submitted to the relevant authorities at the time of loss or damage, WeShop will refund duty and taxes by the same method as you used in paying for our services where possible. Where this is not possible we would issue a credit to your account that will be applied to your next shipment. If duty and tax have been paid at the time of loss or damage, we will attempt to obtain a refund for you, although this is usually not possible.
42. Making Claims
Any claims for loss or damage (sections 40 and 41 above) must be made to WeShop within 3 days from the date of delivery of the package to you, failing which we will have no liability whatsoever. Claims must be made in writing, accompanied by scanned or faxed copies of the consignment note/air waybill and all supporting documents, photographs of damaged items, and relevant invoices and/or receipts for that item.
43. Product Returns or Exchanges
If after delivery to you, you wish to return an item to the merchant from which you purchased it, you will need to make direct arrangements with the merchant as soon as possible for any return, refund, or exchange of items in accordance with the merchant's terms and policies or we will do as your behalf. Many merchants require you to obtain advance authorization for product returns and may give you a return authorization number. We will, upon request, help to arrange return shipping to the merchant from your home country, at your cost. The original customs duty and tax cannot be recouped when returning an international shipment back to the merchant.
44. Modification of WeShop Services.
We may modify or terminate our services at any time upon reasonable notice, either temporarily or permanently, without incurring any liability to you except for completing the processing of products ordered prior to the date of termination
You may terminate this agreement and your use of your WeShop account at any time. As noted elsewhere in these terms and conditions, we may suspend or terminate your account if you fail to comply with these terms and conditions, and in the event of such suspension or termination we will incur no liability to you.
46. Circumstances Beyond Our Control.
WeShop is not liable for any loss or damage arising out of circumstances beyond our control. These include but are not limited to: natural disasters or acts of God, for example fire, earthquake, hurricane, tornado, storm, flood, fog; plane crash or embargo; war, riot, civil commotion or industrial action; epidemics or pandemics; power cuts, communications or other utility disruptions; governmental action or inaction; any defect or characteristic related to the nature of a shipment, even if known to WeShop; and damage to, or erasure of, electronic or photographic images, data or recordings due to electrical or magnetic interference
You agree to indemnify, defend and hold WeShop and its shareholders, officers, directors, affiliated companies, employees and agents harmless from all claims, losses, damages, liabilities and costs (including reasonable attorneys fees) incurred by WeShop which result from your use of the WeShop website and WeShop services, including but not limited to your negligent act or omission, any misrepresentations you make in connection with obtaining WeShop services, any mis-declaration of contents or value or packages for export purposes, and/or your failure to comply with these terms and conditions.
48. Entire Agreement.
These terms and conditions (or as they may be modified from time to time) constitute the entire agreement between us for the use of the WeShop website, your use of your account, and the provision of WeShop services. Any other written or oral statements are superseded and of no effect.
49. Partial Invalidity
If any provision of this agreement is judged by a court or body having jurisdiction as illegal, invalid or unenforceable, such provision will be deemed deleted without affecting any other provision.
If either you or WeShop fail to enforce any provision of this agreement, or fail to exercise any right at any time, such failure will not be deemed a waiver thereof.
Section headings are for convenient reference and do not form part of this agreement.
52. Governing Law
This agreement is governed by the laws of Malaysia, without regard to conflict of law principles.