Terms of service
Terms & Conditions
THE FOLLOWING TERMS AND CONDITIONS ARE SEPARATED INTO SECTIONS A. (FOR CONSUMER) AND B. (FOR BUSINESS)
- TERMS AND CONDITIONS FOR Proton Merchandise ONLINE SHOPPING – FOR CONSUMER
Please read this document carefully as it contains important information on your rights and obligations, limitations, and/or exclusions that may apply to you if you are using the Proton Merchandise Online Shopping Site run by MH GLOBAL SDN. BHD.
DEFINITIONS
In these Terms and Conditions:
- "Account" means the Proton Merchandise Account that you will need to register on the Site in order to submit an Order on the Site;
- "Business Day" means any day in which normal business operations are conducted in Malaysia;
- "Contract" means Customer’s Order of Product(s) from the Site in accordance to these Terms and Conditions;
- "Customer" or "You" means any individual entity who submitted an Order on the Site;
- "Order" means the Order submitted by the Customer to the Site to purchase a Product;
- "Order Confirmation" means an email notification sent to Customer to acknowledge the Order submitted by Customer in accordance with these Terms and Conditions;
- "Partners" means those companies or establishments (and other persons) who supply goods and services under the Proton Merchandise;
- "MHGSB" means MH GLOBAL SDN. BHD;
- "Product" means products and services offered on the Site;
- "Proton Merchandise" and "Site" means Online Shopping Sites run by MHGLOBAL Sdn. Bhd; and
- "Suppliers" means providers or companies or establishments or any other persons that are engaged by Proton Merchandise to supply the Oder.
ELIGIBILITY
Proton Merchandise is open only to Customers aged at least eighteen (18) years of age and has the capacity to enter into a legally binding contract. For Customers under eighteen (18), parent or guardian supervision is required. As and when MHGLOBAL Sdn. Bhd; deems fit, Proton Merchandise may also be opened to other categories of persons or entities.
Customers must be residents of Malaysia, permanent residents, or expatriates, who are currently living in Malaysia. Proton Merchandise can only ship to Malaysian address for the time being.
REGISTRATION
Customers must have a valid email to register for an Account.
Customers shall not misuse the Site by creating multiple Accounts.
The customer shall provide and maintain true, accurate, current, and complete information as reasonably required when registering for Proton Merchandise website and updating. Proton Merchandise may refuse a registration without assigning any reasons for such refusal.
By registering into the Site, Customer will be deemed to have read, understood and agreed to be bound by these Terms and Conditions as may be modified from time to time. Proton Merchandise reserves the exclusive rights to change and/or amend, delete or add on these Terms and Conditions without prior notice to the Customer and the Customer agrees to be bound by such amendment(s).
The customer is solely responsible for maintaining the confidentiality of the Account details to any other person. The customer is responsible for the use of his/her Account, whether or not authorized by the Customer.
Proton Merchandise may terminate an Account without notice and for any reason, including if the Customer fails to comply with these Terms and Conditions.
For Customer who does not register for an Account, you may still proceed to Order from the Site as a guest and subject to the same Terms and Conditions.
PRICE AND PAYMENT
Proton Merchandise strives to provide accurate details, descriptions, and prices to its Customers. However, it does not guarantee the accuracy, completeness, reliability, currency, or error-free nature of Product descriptions or other content on the Site. In the event that Proton Merchandise identifies an error in the price of any Product in a Customer's order, it will promptly notify the Customer and cancel the Order. If Proton Merchandise cannot establish contact with the Customer, the Order will be considered canceled. In cases where the Order has been paid for but not yet shipped, Proton Merchandise will issue a refund to the Customer in the form of store credit, which the Customer may use for future purchases.
Where applicable, prices are inclusive of SST and are in Malaysian Ringgit. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the total amount.
Proton Merchandise reserves the right to decline the fulfillment of Customer Orders in the event that the price listed on the website is inaccurate, even subsequent to the acknowledgment of the Order.
Customers are required to remit payment using the provided payment methods as indicated on the checkout page. Customers may apply a valid code to pay for all or a portion of the Order using store credit or a promotional voucher; however, physical voucher presentations will not be accepted.
For card payments, Proton Merchandise will initiate a pre-authorization hold on the customer's card to ensure the availability of sufficient funds for transaction completion. Order confirmation is contingent upon the successful completion of this pre-authorization check. The customer's card will be charged once Proton Merchandise issues the Order Confirmation. Card transactions are subject to validation assessments and authorization by the card issuer. In the event that the requisite authorization is not obtained, Proton Merchandise shall not be held responsible for any delays or non-deliveries.
REFUSAL OF ORDER
Proton Merchandise retains the authority to withdraw any Products from this Site at its discretion and without prior notice. Furthermore, Proton Merchandise retains the right to delete or amend any materials or content featured on this Site. While Proton Merchandise endeavors to process all Orders, there may be extraordinary circumstances under which Proton Merchandise may decline to proceed with an Order even after issuing an Order Confirmation to the Customer. This discretion is unilaterally exercised by Proton Merchandise and is applicable at any time.
In the event that Proton Merchandise cancels an Order for which the Customer has already submitted payment, the payment amount shall be fully reimbursed to the Customer via a method selected by Proton Merchandise.
Proton Merchandise shall not be held liable to the Customer or any third party for its actions in withdrawing any Product from this Site, regardless of whether it has been sold or not, altering or deleting any materials or content on this Site, or refusing to process or accept an Order.
MISTAKEN ORDER AND ORDER CANCELLATION
The customer is responsible to confirm that your orders are correct before submitting them to the Site. Order cancellation will not be entertained by Proton Merchandise.
DELIVERY
Proton Merchandise shall make reasonable efforts to effectuate the delivery of Customer Orders within a period of ten (10) business days subsequent to the reception of the Customer's Confirmation Order.
Orders will be dispatched to the address specified by the Customer during the checkout process. Proton Merchandise shall not make deliveries to P.O. Box addresses or locations outside the territorial bounds of Malaysia, except in the case of Proton offices with Customer consent as articulated in the Price and Payment provision above.
The Customer is required to furnish identification documentation to the delivery personnel; failure to comply shall empower the delivery staff to refuse delivery and return the Order to Proton Merchandise or the Supplier as unclaimed. Delivery shall be deemed as having been made upon delivery to the Customer-specified address or to the individuals present at the delivery location, including office staff in the case of office addresses, with such acknowledgment serving as the Customer's acknowledgment.
Proton Merchandise will apprise the Customer should the estimated delivery date prove unattainable. Proton Merchandise shall bear no responsibility towards the Customer for any losses, liabilities, costs, damages, charges, or expenses incurred as a result of delayed delivery.
Upon delivery, all risks associated with the Product shall be transferred to the Customer, unless such delay is attributable to a breach of the Customer's obligations under these Terms and Conditions, in which case risk shall be transferred at the time delivery would have taken place but for the Customer's breach. From the moment risk is assumed by the Customer, we shall bear no liability for the loss or destruction of the Product. A breach of obligations by the Customer may have repercussions on their future shopping privileges on Proton Merchandise.
Orders that remain unclaimed for a period exceeding fourteen-days (14) days from the date of Order Confirmation shall be considered canceled, and Proton Merchandise shall issue store credit to the Customer's Account, minus any incurred administrative costs.
The availability of all Orders is contingent upon product availability. Once Orders are confirmed, they may not be rescinded, canceled, returned, or exchanged, and any Promotional Vouchers expended shall not be reinstated.
FAULTY PRODUCTS
Customers are strongly advised to conduct a thorough inspection of all received Orders promptly upon their delivery. In the event that a customer identifies any faults or damages in the Order, they are required to promptly initiate contact with Proton Merchandise, the contact details for which are made available on the Proton Merchandise Site, within a period of five (5) days from the date of receipt. It is explicitly emphasized that any disputes or claims submitted beyond the aforementioned five-day period shall not be entertained.
In the event that Proton Merchandise grants authorization for the return of a damaged or defective Order, the Customer will be duly notified, and instructions for the return shipment of the damaged or defective item shall be provided to the Customer. This return must be executed to the respective Supplier designated by Proton Merchandise, which is entitled to receive the damaged or defective Order on behalf of Proton Merchandise.
Damaged or defective Orders are required to be securely packaged and adequately wrapped for return shipment. Proton Merchandise shall not assume responsibility for the delivery expenses associated with any returned Order. Following the receipt of the damaged or defective Order, the authorized Supplier shall perform a comprehensive examination and testing of the defective item in accordance with the Customer's complaint. If the Supplier verifies the validity of the defect as described by the Customer, a replacement item shall be dispatched to the Customer.
However, should the Supplier be unable to furnish a replacement item for any reason, Proton Merchandise shall issue store credit to the Customer's Account, which may be utilized for subsequent orders.
RETURN AND REFUND POLICY
This policy is not applicable to business customers.
MARKETING AND PROMOTIONAL
Proton Merchandise may periodically organize marketing and promotional campaigns. Your participation in such campaigns signifies your comprehensive understanding and express consent to be legally bound by the terms and conditions outlined herein, as well as any supplementary terms and conditions specified by Proton Merchandise, including all determinations made by Proton Merchandise regarding matters related to the campaign.
Regarding Gift with Purchase (GWP) and Purchase with Purchase (PWP) promotions, eligibility is limited to designated orders and contingent upon item availability. Proton Merchandise explicitly reserves the prerogative to modify, amend, delete, or append the terms of the offer at its discretion, without prior notification. The offer cannot be redeemed for cash and is non-transferable, non-exchangeable, and non-refundable. In the event that GWP/PWP items are not added to your Order for any reason, any subsequent claims will not be entertained.
PROMOTIONAL VOUCHER
Proton Merchandise may, at its discretion, issue promotional vouchers to Customers for the purpose of payment toward their Orders. To redeem such vouchers, the Customer is required to correctly enter the corresponding code during the checkout process. Physical presentation of vouchers will not be entertained.
These vouchers shall remain valid until the date specified in the accompanying terms and conditions. Should any vouchers go unredeemed beyond the stipulated expiration date, they shall be rendered void and shall not be subject to replacement.
Each voucher may only be redeemed on a single occasion and cannot be combined with other promotional vouchers. Proton Merchandise retains the right to annul any subsequent orders placed by the Customer using a voucher from the same promotional campaign.
In instances where a Customer places an Order for a Product valued at less than the promotional voucher's face value, no refund or residual credit shall be issued to the Customer.
Should the credit on a promotional voucher fall short of covering the total cost of the Order, the Customer must settle the outstanding amount using one of our approved payment methods.
PERSONAL DATA / PRIVACY STATEMENT
MH GLOBAL Sdn Bhd; is committed in protecting the Customers' personal information in accordance with all applicable laws, rules, and regulations currently in force. This applies to the collection, storage, use, disclosure, protection, and accuracy of Customer's personal information collected by and under the reasonable control of MH GLOBAL Sdn. Bhd; By participating in the Site, Customer agrees that any information provided by customers may be used by, and shared between MHGLOBAL Sdn. Bhd; and its Partners or Suppliers where necessary to operate the Site in order to provide Customers with services relating to the Site, to communicate with Customers, to promote offers to Customers relating to the Site, to fulfill Customers' requests including confirmation orders and for identification purposes. From time to time, MH GLOBAL Sdn. Bhd; may ask for additional information, to help improve its services to Customers, to create more opportunities for Customers to enjoy the Site, to follow up with Customers for feedback, or to help prevent abuse of the Site. Also, Customers agree that upon notification MH GLOBAL Sdn. Bhd; may collect other information about Customers through its database and any information may be used by MH GLOBAL Sdn. Bhd; to analyse Customers' activity on the Site. Subject to the customer's consent, MH GLOBAL Sdn. Bhd; may also use that information, and share it with its Partners or Suppliers in order to facilitate various services to the Customers, to extend Customer benefits and special offers, and for marketing purposes including planning, product development, telemarketing promotions, surveys or research, and other carefully screened marketing programs or activities, which MH GLOBAL Sdn. Bhd; or Partners believe are likely to interest Customers.
For further detail on the Privacy Statement of MH GLOBAL Sdn Bhd; Customers are advised to refer to Privacy Statement made available at the Proton Merchandise portal.