TERMS AND CONDITIONS OF SALES

  1. Interpretation

1.1 In these Conditions:

“Buyer” means the person who purchases Goods on the Platform;

“Conditions” mean these Terms and Conditions of Sale;

“Contract” means the contract formed when Seller accepted the order placed by Buyer on the Platform for the purchase of Goods sold by Seller;

“vms” means vms Marketing Sdn. Bhd. (Company No.: 618792-P), a company incorporated in Malaysia and having its registered address at C-3-23A & C-3-23, 2nd Floor, Blok Camilia, 10 Boulevard, Lebuhraya SPRINT, PJU6A, 47400 Petaling Jaya, Selangor Darul Ehsan, Malaysia;

“Goods” means the goods made available for sale on the Platform, including any instalment of the goods or any parts for them;

“Wonders Online Shop” means Wonders Online Shop (Company No.: 983365-K), a company incorporated in Malaysia and having its registered address at Unit No. Unit No. 135-1,BATU 3 1/2 JALAN KLANG LAMA , 58100 KUALA LUMPUR, WILAYAH PERSEKUTUAN

“Wonders Online Shop Terms and Conditions” means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services;

“Platform” means the wondersonlineshop.com website and/or the wonders mobile app;

“Seller” means a seller which uses the Platform and/or Services to sell Goods to the Buyers, and includes a Third Party Vendor. Wonders Online Shop may also be a “Seller” for selected Goods;

“Services” means the use of any services, information and functions made available by Wonders Online Shop at the Platform;

“Third Party Vendor” means a seller which uses the Platform and/or Services to sell Goods to the Buyers, and excludes Wonders Online Shop; and

“Writing” includes electronic mail facsimile transmission and any comparable means of communication.

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

1.3 Any references to “Wonders Online Shop” in these Conditions refer to both Wonders Online Shop’s actions on its own behalf as Seller and/or as the operator of the Platform and/or as the agent of Third Party Vendors as Sellers in respect of each and every Contract.

1.4 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.

  1. Basis of the Contract

2.1 The Platform provides a place and opportunity for the sale of Goods between the Buyer and the Seller (collectively “Parties”). The identity of the Seller for a particular Goods listed for sale on the Platform, be it Wonders Online Shop or a Third Party Vendor, may be stated on the webpage listing such Goods.

2.2 Where the Buyer has placed an order on the Platform for the purchase of Goods sold by Wonders Online Shop and Wonders Online Shop has accepted the same, this shall constitute a Contract entered into directly between the Buyer and Wonders Online Shop. On the other hand, where the Buyer has placed an order on the Platform for the purchase of Goods sold by a Third Party Vendor and the said Third Party Vendor has accepted the same, this shall constitute a Contract entered into directly between the Buyer and the Third Party Vendor. Where the Contract is entered into directly between the Buyer and a Third Party Vendor, Wonders Online Shop is not a party to the Contract or any other Contract between the Buyer and Third Party Vendor and accepts no obligations in connection with any such Contract. Parties to such contracts shall be entirely responsible for the Contract between them, the listing of Goods, warranty of purchase and the like.

2.3 Any information made available on the Platform in connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs or any information disclosed by Third Party Vendors through the chat system are not binding and for information purposes only. In entering into the Contract, the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.

2.4 While the Seller endeavours to provide an accurate description of the Goods, neither Wonders Online Shop or Seller warrants that such description is accurate, current or free from error. In the event that the Goods the Buyer receives is fundamentally different from the Goods as described on the Platform and which the Buyer has ordered, Clause 7 of these Conditions shall apply.

2.5 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Wonders Online Shop in its website shall be subject to correction without any liability on the part of Wonders Online Shop.

  1. Orders and Specifications

3.1 The Buyer may purchase Goods by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Seller’s acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. Wonders Online Shop shall be entitled (but not obliged) to process such orders without further consent from the Buyer. Nevertheless, you may request to cancel or amend the order which Wonders Online Shop shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.

3.2 Order acceptance and completion of the Contract between the Buyer and Seller will only be completed upon Wonders Online Shop issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Wonders Online Shop shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. Wonders Online Shop shall furthermore be entitled to require the Buyer to furnish Wonders Online Shop with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.

3.3 No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from Wonders Online Shop and on terms that the Buyer shall indemnify Wonders Online Shop in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Wonders Online Shop as a result of the modification or cancellation, as the case may be.

  1. Price

4.1 The price of the Goods shall be the price stated on the Platform at the time which the Buyer places and completes the order form on the Platform. The price includes any applicable sales and services tax, value added tax or similar tax which the Buyer shall be liable to pay to Wonders Online Shop in addition to the price, but it excludes the delivery charges.

4.2 In the event that a Goods has been mispriced on the Platform, the Seller reserves the right to terminate the Contract, in which Wonders Online Shop shall, on behalf of Seller (where Seller is a Third Party Vendor), notify the Buyer of such cancellation by giving three days’ notice. The Seller shall have such right to terminate the Contract notwithstanding that the Goods have been dispatched or are in transit or that payment has been charged to Buyer.

  1. Terms of Payment

5.1 The Buyer shall be entitled to make payment for the Goods using the various payment methods made available on the Platform. When Buyer places an order on the Platform, actual payment shall be only charged upon Seller’s acceptance of Buyer’s order and the formation of a Contract. All payments shall be made to Wonders Online Shop, either accepting payment in its own right or as Seller’s agent (where Seller is a Third Party Vendor). Buyer acknowledge that Wonders Online Shop is entitled to collect payments from Buyer on behalf of Third Party Vendors.

5.2 The terms and conditions applicable to each type of payment, as prescribed by Wonders Online Shop on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:

5.2.1 Credit Card

Credit card payment option is available for all Buyers. Wonders Online Shop accepts all Visa and MasterCards credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of Buyers are protected by industry leading encryption standards.

Please take note that additional charges may be incurred if Buyer is using a non-Malaysian issued card due to foreign exchange rates.

5.2.2 Debit Cards

Wonders Online Shop accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.

5.2.3 Online Banking

By choosing this payment method, the Buyer shall transfer the amount of the total purchase price for the Goods purchased by Buyer to a Wonders Online Shop account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Wonders Online Shop, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

5.2.4 Cash on Delivery

Cash on Delivery (pay cash upon delivery) is available within the region of Klang Valley,Melaka and Johor Bahru with a fee as may be prescribed by Wonders Online Shop for each order. Wonders Online Shop reserves the right to schedule the delivery time. The Goods will only be handed over to the Buyer upon full payment in cash by the Buyer.

5.3 Buyer may not claim against Seller or any of its agents (which may include Wonders Online Shop), for any failure, disruption or error in connection with the Buyer’s chosen payment method. Wonders Online Shop reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Buyer or giving any reason.

5.4 If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to:

5.4.1 cancel the Contract or suspend deliveries of the Goods until payment is made in full; and/or

5.4.2 charge the Buyer interest on the amount unpaid at the rate of one per cent (1.0%) per month until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest).

5.5 All refunds shall be made via the Wonders Online Shop virtual payment account (“Wonders Online Shop Payment Account”). Wonders Online Shop offers no guarantee of any nature for the timeliness of the refunds reaching the Wonders Online Shop Payment Account. The processing of payment may take time and it is subject to the payment provider internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by Wonders Online Shop. All refunds are conditional upon Wonders Online Shop’s acceptance of a valid return of the Goods. Wonders Online Shop reserve the right to modify the mechanism of processing refunds at any time without notice.

5.6 All payments for the purchased Goods must be made to Wonders Online Shop using the payment methods made available on the Platform only. Wonders Online Shop shall not be held responsible for any losses which may arise from payments made directly to Third Party Vendors or through payment methods apart from the available payment methods on the Platform.

  1. Delivery/Performance

6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.

6.2 Wonders Online Shop has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.

6.3 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and Wonders Online Shop shall not be liable for any delay in delivery or performance howsoever caused.

6.4 If Seller has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to Wonders Online Shop, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If Wonders Online Shop fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.

8.1 Where the Goods have been delivered to the Buyer even after such refunds have been claimed by the Buyer pursuant to Clause 6.4 above, Buyer shall immediately notify Wonders Online Shop of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as Wonders Online Shop’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. Wonders Online Shop shall be entitled at any time to demand the Buyer to deliver up the Goods to Wonders Online Shop and in the event of non-compliance Wonders Online Shop reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

6.5 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to Wonders Online Shop, Wonders Online Shop may:

6.5.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or

6.5.2 terminate the Contract and claim damages.

  1. Delivery of Goods

6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.

6.2 Wonders Online Shop has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.

6.3 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and Wonders Online Shop shall not be liable for any delay in delivery or performance howsoever caused.

6.4 If Seller has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to Wonders Online Shop, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If Wonders Online Shop fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.

8.1 Where the Goods have been delivered to the Buyer even after such refunds have been claimed by the Buyer pursuant to Clause 6.4 above, Buyer shall immediately notify Wonders Online Shop of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as Wonders Online Shop’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. Wonders Online Shop shall be entitled at any time to demand the Buyer to deliver up the Goods to Wonders Online Shop and in the event of non-compliance Wonders Online Shop reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

6.5 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to Wonders Online Shop, Wonders Online Shop may:

6.5.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or

6.5.2 terminate the Contract and claim damages.

  1. Return, Refund and Replacement of Goods

7.1 All Goods sold on the Platform is covered under the Wonders Online Shop 7 Days Easy Returns or 14 Days Easy Returns depending on the Goods sold (“Return Policy”). Buyer may initiate the returns process by communicating with Wonders Online Shop or Seller through the Platform. The logo(s) of the Return Policy for each Goods can be found on the Goods’ product page.

7.2 Buyer may, by completing the Online Return Form, apply to return the purchased Goods to Wonders Online Shop or Seller in exchange for a replacement or a refund. Buyer shall ensure that the purchased Goods is returned to Wonders Online Shop or Seller within 7 or 14 calendar days from the delivery date, depending on the applicable Return Policy. For avoidance of doubt, the countdown starts from the date the Buyer received the purchased Goods to the post stamp date on the return parcel. In case of damaged Goods, please contact Wonders Online Shop or Seller within 48 hours of receiving the delivery to expedite the claim process.

7.3 Buyer may only apply for return of the purchased Goods in the following circumstances:

7.2.1 the Goods delivered to Buyer is defective and/or damaged on delivery;

7.2.2 the Goods, in particular fashion items, which does not fit (not applicable for fashion items from overseas Sellers);

7.2.3 the Goods delivered to Buyer is materially different from the description provided by Seller in the listing of the Goods;

7.2.4 the Goods delivered to Buyer does not match the agreed specification (e.g. wrong size, colour, etc.) stipulated in the order;

7.2.5 Buyer has a change of mind with regard to the Goods; and

7.2.6 such other circumstances which may be prescribed by Wonders Online Shop on the Platform.

7.4 Notwithstanding Clause 7.3 above, milk formula products are returnable except for “change of mind” request. Buyer is to ensure that product is not opened, as otherwise it will not be accepted for return.

7.5 Notwithstanding Clause 7.3 above, return or cancellations of any perishable goods are not allowed. To ensure that Buyer is satisfied with the product Buyer received, Buyer should inspect the contents as soon as the order arrives.

7.6 The application for return of Purchased Goods may also be subject to additional terms and conditions prescribed by Wonders Online Shop on the Platform. Please see Help Center for further details.

7.7 Questions and complaints with regards to returns

7.7.1 If you have any questions or complaints, (i) you may either contact the Seller directly via the Platform or (ii) contact Wonders Online Shop using the “Contact Us” page on the Platform, as applicable.

7.7.2 In the event that Buyer is unable to resolve any dispute with Seller directly through amicable negotiations, Wonders Online Shop reserves the right to suggest and implement an appropriate resolution at its sole discretion.

8 Risk and property of the Goods

8.2 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when Wonders Online Shop has tendered delivery of the Goods.

8.3 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until Wonders Online Shop has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Seller to the Buyer for which payment is then due.

8.4 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as Wonders Online Shop’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.

8.5 The Buyer agrees with Wonders Online Shop that the Buyer shall immediately notify Wonders Online Shop of any matter from time to time affecting Wonders Online Shop’s title to the Goods and the Buyer shall provide Wonders Online Shop with any information relating to the Goods as Wonders Online Shop may require from time to time.

8.6 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), Wonders Online Shop shall be entitled at any time to demand the Buyer to deliver up the Goods to Wonders Online Shop and in the event of non-compliance Wonders Online Shop reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

8.7 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Wonders Online Shop but if the Buyer does so all moneys owing by the Buyer to Wonders Online Shop shall (without prejudice to any other right or remedy of Wonders Online Shop) forthwith become due and payable.

8.8 If the provisions in this Clause 8 of these Conditions are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.

8.9 The Buyer shall indemnify Wonders Online Shop against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of Wonders Online Shop’s rights under this condition.

9 Termination

9.1 Buyer may terminate the Contract before Seller dispatches the Goods, by written notice to Wonders Online Shop through our Contact Us page at https://wondersonlineshop.com/contact/. If the Goods have already been dispatched, Buyer may not terminate the Contract but may only return the Goods in accordance with Clause 7 of these Conditions.

9.2 Without prejudice to any other right of termination elsewhere in these Conditions, Seller, or Wonders Online Shop acting on Seller’s behalf, may stop any Goods in transit, suspend further deliveries to the Buyer and/or terminate the Contract with immediate effect by written notice to the Buyer on or at any time after the occurrence of any of the following events:

9.2.1 the Goods under the Contract being unavailable for any reason; and/or

9.2.2 the Goods under the Contract has been mispriced on the Platform.

10 Warranties and Remedies

10.1 Subject as expressly provided in these Conditions, all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.

10.2 Subject to this Clause 10 of these Conditions, Wonders Online Shop warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 12 months commencing from the date on which the Goods are delivered or deemed to be delivered (“Warranty Period”). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), Wonders Online Shop further gives to the Buyer such implied warranties as cannot be excluded by law.

10.3 Wonders Online Shop’s above warranty concerning the Goods is given subject to the following conditions:

10.3.1 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Wonders Online Shop.

10.3.2 Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.

10.3.3 Wonders Online Shop binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Wonders Online Shop’s opinion in that behalf. Wonders Online Shop is not liable for any such special or particular description which may have been provided by Third Party Vendors through the chat system. Wonders Online Shop does not give any warranty as to the quality state condition or fitness of the Goods.

10.3.4 Wonders Online Shop shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of Wonders Online Shop, addition and insertion of parts, in particular of spare parts which do not come from Wonders Online Shop.

10.3.5 Wonders Online Shop shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow Wonders Online Shop’s instructions (whether oral or in writing) misuse or alteration or repair of the Goods without Wonders Online Shop’s approval.

10.3.6 Wonders Online Shop is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Wonders Online Shop’s prior written approval and the Buyer shall indemnify Wonders Online Shop against each loss liability and cost arising out of such claims.

10.3.7 Wonders Online Shop shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment.

10.3.8 Wonders Online Shop shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.

10.4 Where there is any defect in the quality or condition of the Goods or where the Goods fail to correspond with specification, Buyer may apply to return the defective and/or damaged Goods to Wonders Online Shop or Seller in exchange for a replacement or a refund in accordance with Wonders Online Shop’s Return Policy and Clause 7 of these Conditions above.

10.5 As an alternative to returning faulty or damaged Goods in exchange for refund or replacement under Clause 7 of these Conditions above, a Buyer may request for a repair of such Goods. Wonders Online Shop and Seller however is entitled to accept or reject such request, at its own discretion. Such request shall be irrevocable upon Wonders Online Shop’s or Seller’s acceptance of the same and the non-conforming Goods (or part thereof) will be repaired as originally ordered. The Buyer may not later elect for a return under Clause 7 of these Conditions above once Wonders Online Shop or Seller has accepted such request.

10.6 Where the Goods have not been repaired within a reasonable time, despite a written warning from the Buyer, the Buyer shall be entitled to a reduction of the price in proportion to the reduced value of the Goods, provided that under no circumstance shall such reduction exceed 15% of the price of the affected Goods. In lieu of repair, Wonders Online Shop may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair or price reduction being made as aforesaid, the Buyer shall have no further claim against the Seller.

10.7 When Wonders Online Shop or Seller has provided replacement Goods or given the Buyer a refund, the non-conforming Goods or parts thereof shall become property of Lazada or Seller.

11 Liability

11.1 In no event shall Wonders Online Shop be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if Wonders Online Shop had been advised by the Buyer of the possibility of incurring the same.

11.2 The remedies set out in Clause 10 of these Conditions are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Goods and Wonders Online Shop’s liability for the same shall be limited in the manner specified in Clause 10 of these Conditions .

11.3 Notwithstanding any other provision of these Conditions, Seller’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each Contract, shall not exceed the sums that you have paid to Seller under such Contract.

11.4 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.

11.5 No action shall be brought against Wonders Online Shop later than 12 months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than 12 months after the end of the Warranty Period.

12 General

12.7 Neither Wonders Online Shop nor Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Wonders Online Shop’s or Seller’s reasonable control.

12.8 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Wonders Online Shop, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant order.

12.9 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of International Commercial Terms published by the International Chamber of Commerce shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.

12.10 No waiver by Wonders Online Shop of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, Wonders Online Shop’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Conditions.

12.11 If any provision of these Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

12.12 No person who is not a party to the Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right to enforce any terms of the Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Clause 3.3 of these Conditions.

12.13 The Contract shall be governed by the laws of Malaysia and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia, as provided for in Clause 12.9 below.

12.14 Buyer must exhaust all legal avenues against Third Party Vendors should any dispute, controversy or claim arises out of or relates to the Contract, or the breach, termination or invalidity thereof, prior to bringing a claim against Wonders Online Shop. Any such actions brought against Wonders Online Shop for any dispute, controversy or claim arising out of or relating to the Contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules. Any award by the arbitration tribunal shall be final and binding upon the parties.

12.15 Notwithstanding Clause 12.8 above, Wonders Online Shop shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.

12.16 Wonders Online Shop may, through the Platform or by such other method of notification as Wonders Online Shop may designate, vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date Wonders Online Shop specifies through the above means. If Buyer uses the Platform after such date, Buyer is deemed to have accepted such variation. If Buyer do not accept the variation, Buyer must stop access or using the Platform and terminate these Terms & Conditions of Sale.

12.17 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller’s part shall be subject to correction without any liability on Seller’s part.

12.18 In the event that these Conditions are executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Conditions shall govern and shall take precedence over the Foreign Language Version.

12.19 These Conditions shall constitute the entire agreement between Buyer and Seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

12.20 Wonders Online Shop reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as Wonders Online Shop deems appropriate.

VOUCHER TERMS AND CONDITIONS 

The following terms and conditions apply to the redemption and use of promotional vouchers and voucher codes (“Vouchers”).

  1. Vouchers are only valid on the WondersOnlineShop.com website, mobile website or mobile applications (iOS & Android).
  2. A valid code must be entered at the checkout page in order to redeem a Voucher.
  3. Customers can only redeem up to one Voucher per day.
  4. Customers can only use the Voucher for a one-time purchase only.
  5. Voucher validity is limited in time and such validity period shall be as prescribed in any individual voucher policy.
  6. Wonder Online Shop reserves the right to cancel or modify any order, or revoke the use of Vouchers for any reason, including the following circumstances:

(a) suspicious or fraudulent purchasing activity or Voucher use;

(b) Voucher abuse, including the use of multiple accounts or multiple checkouts associated with the same customer or group of customers; or

(c) Voucher used in bad faith (including resold Vouchers or use of Vouchers by customers purchasing products for the purpose of reselling)

  1. Unless otherwise stated, Vouchers are not valid in conjunction with other promotions or discounts.
  2. Additional terms and conditions may be specified in relation to specific Voucher (for example, duration, eligibility, discount amount and products covered), and will govern the use and redemption of those Vouchers in addition to these terms.
  3. Use of Vouchers by resellers is not tolerated, and Wonder Online Shop reserves the right to cancel orders which are deemed to display reseller behavior.
  4. Vouchers are not exchangeable for cash.
  5. Wonder Online Shop will not be liable and/or be required to offer replacement Vouchers, discounts, credits, cash or otherwise compensate customers for:

(a) discontinued or cancelled Vouchers;

(b) improper use of, or inability to redeem, a Voucher; or

(c) the inability to redeem a Voucher due to technical issues.

  1. Wonder Online Shop reserves the right to change these terms & conditions or cancel any promotions at any time and without notice.

DIGITAL VOUCHER AND GIFT CARDS 

  1. General

1.1 By purchasing and/or using digital voucher(s) or digital coupon(s) bought from the Platform (the “Digital Good(s)”), you, the Customer (as defined in the Terms of Use), agree to be bound by these Digital Goods Terms and Conditions (the “Digital Goods Terms”), in addition to the Terms of Use for the Platform, which are incorporated by reference into these Digital Goods Terms.

1.2. For the avoidance of doubt, capitalised terms used and not defined herein have the same meaning as given to such terms in the Terms of Use. In the event of a conflict between the provisions of these Digital Goods Terms and the Terms of Use, the provisions of these Digital Goods Terms shall prevail.

1.3. You should refer to the product details page of the relevant Digital Good(s) (“Product Details Page”) for any Seller (as defined in the Terms of Use) specific terms and conditions and expiry dates.

  1. Issuance of Digital Good(s)

2.1. When you buy a Digital Good(s), you will receive it via your provided email  (as defined in the Wonders Online Shop Payment Account User Terms and Conditions).

2.2. If, for whatever reason, you fail to receive the Digital Good(s) in accordance with these Digital Goods Terms, Wonders Online Shop may at its sole and absolute discretion offer a voucher to you. Upon the acceptance of such voucher by you, you agree that you shall have no further claim against Seller.

2.3. Seller is the issuer of the Digital Good(s) but is not responsible for failure to issue as a result of any Platform or Wonders Online Shop Wallet failure. You acknowledge and agree that you shall not hold Wonders Online Shop responsible for any failure or error in the issuance of the Digital Good(s), whether as a result of Platform or Wonders Online Shop Wallet failure or otherwise.

2.4. You acknowledge that purchase and receipt of the Digital Goods(s) is subject to the issuance and availability of the Digital Good(s). In lieu of the Seller, Wonders Online Shop may be responsible for delivering the Digital Good(s), in which case Wonders Online Shop will use reasonable efforts to do so, within the lead-time as stated in the Product Details Page of the Digital Good(s).

  1. Digital Good(s) – Loss, Theft, Used in Error or Used Prematurely

Once purchased, the Digital Good(s) is your responsibility and any Digital Good(s), including any accompanying QR code, barcode, PIN codes and/or serial number (each a “Code”), that are lost or stolen, used in error or used prematurely shall not be replaced.

  1. Redeeming Digital Good(s)

4.1. Instructions on how to redeem Digital Good(s) may be made available on the Product Details Page.

4.2. You acknowledge that fulfilment of the Digital Good(s) is not guaranteed. It is subject to circumstances which may or may not be beyond the control of Wonders Online Shop, including but not limited to the availability of the Digital Good(s), or the failure of Seller to procure the merchant’s agreement to provide the relevant merchant’s goods and services upon redemption of the Digital Good(s). You agree not to hold Wonders Online Shop liable for any errors, omissions, service interruptions, faults, defects, failure to conclude a redemption of the Digital Good(s).

4.3. Codes may be used to redeem products and/or services at the Seller’s or Seller-specified merchant’s premises stated in the Product Details Page.

  1. Your Obligations and Use of the Digital Good(s)

5.1. You acknowledge and agree that:

5.1.1. Digital Good(s) can only be redeemed within the period of time and the premises, where applicable, specified on the Product Details Page;

5.1.2. Digital Good(s) cannot be redeemed on certain black-out dates or promotion dates set by Seller or Wonders Online Shop;

5.1.3. You shall not use Digital Good(s) or permit the use of Digital Good(s) in any manner which may adversely affect other Customers’ use of Digital Good(s) and/or any other Service (as defined in the Terms of Use) provided to such Customers, as Wonders Online Shop may reasonably determine;

5.1.4. Digital Good(s) are offered to you on an “as is” basis, and unless otherwise specified in these Digital Goods Terms;

5.1.5. reproduction, sale, resale or trade of Digital Good(s) is prohibited, and any attempt to carry out any of these activities entitles Wonders Online Shop to void the Digital Good(s) at its option;

5.1.6. if the Digital Good(s) are redeemed for less than its face value, there is no entitlement to cashback, cash or new Digital Good(s) equal to the difference between the face value and the amount redeemed;

5.1.7. Digital Good(s) are redeemable in their entirety only and may not be redeemed incrementally;

5.1.8. it is at the discretion of the merchant to determine whether the Digital Good(s) may be combined with any other promotions, vouchers, third party certificates or coupons;

5.1.9. use or purchase of the Digital Good(s) constitutes acceptance of these Digital Goods Terms;

5.1.10. you are responsible for all information you submit, transmit or otherwise make available during the purchase or redemption of any Digital Good(s); and

5.1.11. to the fullest extent permitted by law, Wonders Online Shop expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind, express or implied, statutory or otherwise or any representations or warranties arising from usage or custom or trade or by operation of law, including (without limitation) as to the sequence, originality, correctness, completeness, accuracy, timeliness, currency, non-infringement, merchantability or fitness for any particular purpose in relation to any Digital Good(s) or Code, without prejudice to any other provision in these Digital Goods Terms.

  1. Refunds, Exchange and Cancellations

6.1. Any Digital Good(s) bought cannot be returned, refunded, transferred and/or canceled after purchase, unless a refund and/or cancellation is permitted in accordance with Clause 6.6.

6.2. Issued Digital Good(s) cannot be exchanged for cash. Each Seller may have its own policy on the exchange of issued Digital Good(s).

6.3. Replacement of the Digital Good(s) may be allowed, at Wonders Online Shop’s sole and absolute discretion, if there is a systemic failure on Seller or Wonders Online Shop’s part.

6.4. Exchange of a Product (as defined in the Terms of Use) or service purchased using Digital Good(s) shall be subject to Seller’s terms and conditions.

6.5. Wonders Online Shop reserves the right to cancel or reject the use of any Digital Good(s) at its sole and absolute discretion, including, without limitation, where it deems or suspects that any transaction is fraudulent.

6.6. Notwithstanding Clause 2.3, Wonders Online Shop may, at its sole and absolute discretion, permit a refund and/or cancellation of Digital Good(s), provided always that the Digital Good(s) have not expired.

  1. Availability of Digital Good(s)

7.1. You acknowledge that purchase or redemption of Digital Good(s) are subject to resource availability, including, without limitation, availability of the Platform.

7.2. Wonders Online Shop does not make any representation, warranty or guarantee:

7.2.1. on the performance and capability of the Platform;

7.2.2. that the Wonders Online Shop and the Codes are appropriate and available for use at all times;

7.2.3. about the accuracy, reliability, suitability, completeness or timeliness of the Wonders Online Shop and/or the Codes;

7.2.4. about the quality, suitability, safety or ability of the Digital Good(s) issued by the Seller;

7.2.5. about the quality, suitability, safety or ability of the goods and/or services made available by the merchants; and/or

7.2.6. on the success of any redemption of the Digital Good(s).

7.3. You acknowledge and accept that Wonders Online Shop may suspend, terminate and/or discontinue the purchase or redemption of the Digital Good(s) at its sole and absolute discretion without prior notice and without any liability whatsoever to you.

8. Use and Disclosure of Data

8.1. You agree that Wonders Online Shop shall be entitled to use or disclose any information or data disclosed by you in accordance with Wonders Online Shop’s Privacy Policy. You are entitled to withdraw such consent in the procedure as prescribed by Wonders Online Shop from time to time.

8.2. Order issuance in relation to Digital Good(s) may be handled by a third party appointed by Wonders Online Shop, in which case you may receive direct communication of Digital Good(s) Codes from the third party.

9. Miscellaneous

9.1. The rights and protections conferred on Wonders Online Shop under these Digital Goods Terms shall be additional to the rights and protections conferred on Wonders Online Shop under the Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed to or accepted by you .

9.2. Any clause in these Digital Goods Terms, Terms of Use, Privacy Policy and other terms and conditions as may be agreed to or accepted by you that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.

9.3. Wonders Online Shop reserves the right to alter, modify, add to or otherwise vary these Digital Goods Terms from time to time, and in such manner as Wonders Online Shop deems appropriate without prior notice. You shall be bound by the terms and conditions so amended. In any event, if you continue to use the Digital Good(s) after such amendment, you shall be deemed to have accepted the amendments.

WONDERS ONLINE SHOP PAYMENT PROTECTION POLICY 

This Wonders Online Shop Payment Protection Policy (“Policy”) supplements the Wonders Online Shop Terms of Use, Wonders Online Shop Privacy Policy and Wonders Online Shop Terms and Conditions (collectively, the “Wonders Online Shop Terms”) with regard to your Wonders Online Shop Account. If any matter is not provided for in this Policy but is provided for in the Wonders Online Shop Terms, the provisions of the Wonders Online Shop Terms shall prevail. If there is a conflict between the provisions of this Policy and the provisions of Wonders Online Shop Terms, the provisions of this Policy shall prevail to the extent of such conflict. Unless otherwise expressly provided herein, the capitalized terms shall have the same meanings as set forth in the Wonders Online Shop Terms. This Policy is a legal agreement between you Wonders Online Shop By using your Wonders Online Shop Account, you agree to be bound by the terms of this Policy.

1.1 Protection against Unauthorized Transactions.

Wonders Online Shop will provide you with compensation for Unauthorized Transactions (defined below), provided that you comply with the procedures set out within the Policy.

An “Unauthorized Transaction” occurs when, because of a fraudulent take-over of the Wonders Online Shop Account:

(a) transaction is made from the value stored within your Wonders Online Shop Wallet that you did not authorize and that did not benefit you;

(b) a transaction or Top Up to the Wonders Online Shop is made from a credit or debit card saved in your Wonders Online Shop Account that you did not authorise and that did not benefit you; or

(c) a transaction or Top Up to the Wonders Online Shopt is made from the Direct Link account, that you did not authorise and that did not benefit you.

Notwithstanding the foregoing, you have an obligation to ensure the safety and security of your Wonders Online Shop Account. If you authorize someone to access your Wallet by providing them with your login information or otherwise, and they conduct transactions without your knowledge or permission, you shall be responsible for all consequences arising from such use.

1.2 Notify Wonders Online Shop

  1. You should immediately notify Wonders Online Shop if you believe there has been an Unauthorized Transaction or unauthorized access to your Wonders Online Shop Account. To be eligible for compensation under this Policy, you must notify us within 60 days from the date an Unauthorized Transaction first appears in your account.
  2. You should regularly log into your account and review your order history to ensure that there has not been an Unauthorized Transaction.Wonders Online Shop will send you an e-mail through the-mail address you have provided to notify you of every transaction made in your account. You should check these transaction confirmation messages to ensure that each transaction has been authorized by you and the information in your account is accurate.
  3. If an Unauthorized Transaction appears in your account, please contact Wonders Online Shop Customer Service through the contact us page (https://wondersonlineshop.com/contact). You will need to provide a complete set of information and/or documentation, in accordance with the requirements set out on that page and as requested by us, in order for the investigation to begin. Wonders Online Shop will only initiate an investigation upon receipt of all information/documents.

1.3 Actions taken by Wonders Online Shop upon receipt of notification

  1. Once you notify us and provide us with a complete set of the necessary information and/or documents that we request, we will do the following:

(a) We will conduct an investigation and determine whether there has been an Unauthorized Transaction.

(b) Wonders Online Shop will complete the investigation within 2 working days from the date where all necessary information and/or documents were received by us.

(c) We will inform you of our decision once we complete the investigation.

1. If we determine that the Unauthorized Transaction is one which qualifies for Wonders Online Shop Payment Protection, we will credit the full amount of the Unauthorized Transaction to the respective sources as shown below:

2. If we determine that the Unauthorized Transaction is one that does not qualify for Wonders Online Shop Payment Protection, we will send you an email to notify you of our decision which shall be final and conclusive.

1.4 Scope of protection

The following types of transactions are excluded from the scope of coverage of our Wonders Online Shop Payment Protection Policy:
(a) Disputes on genuine transactions, such as non-receipt of the item you have purchased;

(b) Where we determine that there has been fraud or negligence on behalf of the Customer. For example, if we determine that you have wilfully provided your account credentials to third parties, have acted fraudulently or have failed to take all steps and precaution in protecting your account;

(c) Where we determine that you have a proven track record of engaging in and/or abetting fraudulent activity and/or disputes of unauthorized transactions;

(d) Where the Unauthorized Transaction took place under unforeseeable circumstances, including but not limited to natural disasters, outbreak of war, terrorist incidents, civil unrest, which are beyond Wonders Online Shop’s reasonable control;

(e) Where the Unauthorized Transaction took place as a result of any terminal or system (Wonders Online Shop) being impacted by, including and not limited to, hacking attempts, bank system upgrades/malfunctions, telco downtime etc, which you were aware before the Unauthorised Transaction took place;

(f) ‘Compromises arising from 3rd party partners’: The Unauthorized Payment was the result of a compromise by a 3rd party partner such as a partner bank; or

(g) Any regulatory or legal restriction that prevents the reimbursement to be made to the Customer.

 

PRE-SALE TERMS AND CONDITIONS

 

Pre-Sale Program

Buyer Terms and Conditions of Participation

 

  1. Acceptance of Terms and Conditions

1.1. The following general terms and conditions regulate the use of, and purchase of Products, through the pre-sale program offered by  Wonders Online Shop (Company No:202003089625 (003099230-K) ), a company incorporated in Malaysia and having its registered address at Unit No. 135-1,BATU 3 1/2 JALAN KLANG LAMA , 58100 KUALA LUMPUR, WILAYAH PERSEKUTUAN (hereinafter referred to as “Wonders Online Shop” and such program, the “Pre-Sale Program”) on Wonders Online Shop’s websites, mobile applications and in-application stores. By participating in or utilizing the Pre-Sale Program on any of the foregoing Wonders Online Shop platforms, you, as an eligible user (such person, a “User”), agree unconditionally and irrevocably to be bound by, and shall be deemed to accept, these terms and conditions (the “Pre-Sale Terms”) in addition to the Terms of Use for the https://wondersonlineshop.com./ website (“Website”) and/or the WONDERS mobile app, the Terms & Conditions of Sale, the Digital Vouchers & Gift Cards Terms and Conditions, the Wonders Online Shop Terms and Conditions and the wonders mall Terms and Conditions which are incorporated by reference into these Pre-Sale Terms. For the avoidance of doubt, capitalised terms used and not defined herein have the same meaning as given to such terms in the Terms of Use.

1.2. Wonders Online Shop offers the Pre-Sale Program within the context of its technical and operational capabilities, subject to downtime and lack of availability during which the use of the Pre-Sale Program and other services are interrupted or affected due to urgent technical reasons or required maintenance work. Wonders Online Shop shall not be liable, in any case whatsoever, for these instances in accordance with the conditions of this Pre-Sale Terms. This also does not include periods of time in which Wonders Online Shop’s general services or the servers of the Pre-Sale Program offered do not allow online access due to reasons beyond Wonders Online Shop’s control such as any events of force majeure or as a result of third party actions or omissions.

1.3. Wonders Online Shop continuously updates, changes and develops its Pre-Sale Program and other services at its own discretion. Other provisions or general terms and conditions of a User that deviates in any way from Wonders Online Shop’s Pre-Sale Terms herein, shall only apply if Wonders Online Shop gives prior written consent to their validity.

1.4. Wonders Online Shop does not make any warranty or representation or undertaking on the performance and capability of the LAZADA mobile app, the Website and/or any software or hardware used with such WONDERS mobile app or Website, any application accessed by a User using the WONDERS mobile app and/or the Website, or the reliability or quality of the underlying telecommunications network accessed by such User using the WONDERS mobile app or Website, each in connection with the Pre-Sale Program.

1.5. In addition to these Pre-Sale Terms, any existing rules and terms of the brands offering Products under the Pre-Sale Program shall also apply. In the case of any inconsistency or conflict between these Pre-Sale Terms, the rules of any brand and/or the Terms of Use, the provisions of these Pre-Sale Terms shall prevail over the others, following by the Terms of Use and thereafter the rules of any brand, to the extent of such conflict.

  1. Conditions of Pre-Sale Program

2.1. The Pre-Sale Program shall only be made available for Users during applicable campaign periods, the dates, times and duration of which shall be determined by Wonders Online Shop at its sole and absolute discretion (such period, the “Campaign Period”). A User shall be a Customer who has registered for a customer account on the Lazada Mobile app or Website controlled, and operated, by Wonders Online Shop. Users shall only be able to participate in the Pre-Sale Program on the WONDERS mobile app after they have logged in and provided their full name and any other required information in accordance with their ID Card or passport. Only natural persons are eligible for registration and participation in the Pre-Sale Program and only individual persons are permitted to be authorized users.

2.2. Users shall be prohibited from participating in the Pre-Sale Program with programs other than the Wonders Online Shop client program. This refers in particular to automated bots and other tools meant to replace or supplement the mobile application interface. In addition, scripts and completely or partially automated programs providing Users with any advantage over other Users shall be prohibited, including without limitation, auto-refresh functions and other integrated browser mechanisms that use or concern automated procedures for participation in the Pre-Sale Program.

2.3. Users are, under no circumstances, permitted to:

(i) create or use cheats, mods and/or hacks, or any other third party software products that may change the result of the Pre-Sale Program;

(ii) use software that allows the mining of data or otherwise intercepts or collects information in connection with the Pre-Sale Program;

(iii) use virtual items (including deal, platform or brands vouchers) that are being used in the Pre-Sale Program outside of the Pre-Sale Program other than for purchase of Products through Wonders Online Shop, purchase virtual items for “real” money, or sell or swap virtual items; and

(iv) sell, buy or trade User accounts,

and the foregoing shall include all circumventions, similar actions or actions that produce an effect that matches the aforementioned prohibitions.

2.4. The User acknowledges that the availability of the Pre-Sale Program shall be subject to:

(i) the availability and functionality of resources including, without limitation, the availability and functionality of the LAZADA mobile app and/or Website; and

(ii) the capability of Wonders Online Shop’s systems at the time and location when the Pre-Sale Program are due to be operated or run for Users.

2.5. The User accepts that Wonders Online Shop shall not be responsible to him or her for any loss, damage, fine, regulatory action, claim or compensation of whatever nature arising from or related to the Pre-Sale Program (collectively, the “Liabilities”) including but not limited to (i) such User’s breach of these Pre-Sale Terms, (ii) any alleged unauthorised transactions, disruptions, errors, defects or unavailability of the Pre-Sale Program, or (iii) any loss of data or damage to any of his or her mobile, electronic or digital equipment, to the fullest extent permitted by law.

2.6. In the event that any Liabilities are not excluded under Clause 2.4, Wonders Online Shop’s maximum aggregate liability to any User in respect of such Liabilities, whether under all applicable laws of contract, tort or otherwise, shall be USD 50 (or the equivalent value of such amount in MYR as converted according to the Bloomberg foreign exchange rate recorded as at the first date of a User’s claim or complaint), to the fullest extent permitted by law.

  1. Content Restrictions

3.1. Wonders Online Shop’s Pre-Sale Program includes various content, imagery, media and graphics that are protected by trademarks, copyrights or other means for the benefit of Wonders Online Shop or third parties. Unless explicitly permitted within these Pre-Sale Terms, no User or any third party may edit, copy, distribute, publicly reproduce, use for advertising purposes, or use beyond the contractually agreed purposes of the Pre-Sale Program, or the content or any portion thereof. Copyright information and brand names may not be changed, hidden or removed. The term “content” includes all and any data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and other information provided or developed by Wonders Online Shop a and any such services available for download.

3.2. Users are obliged to abstain from any measure which may compromise or interrupt the proper functioning of Wonders Online Shop’s mobile application and/or Website, any individual services and/or offers there, or its Pre-Sale Program. Users are also required to abstain from any measure which may allow unauthorized access to data. Any use of Wonders Online Shop’s Pre-Sale Program for commercial purposes, especially advertising purposes, requires the express prior written consent of Wonders Online Shop. Users are not entitled to publish content on Wonders Online Shop’s Pre-Sale Program or other services.

  1. General Rules of Participation in the Pre-Sale Program

4.1. During or prior to the Campaign Period, certain Products shall be offered for pre-sale on the Website and the WONDERS mobile app to Users for a restricted period of time as determined by Wonders Online Shop (such period, the “Pre-Sale Period”) during which Users may place a pre-sale order for any such Product through payment of a portion of the pre-sale purchase price for that Product (such amount paid, the “Pre-Payment”). The Products offered for pre-sale under the Pre-Sale Program, the pricing of such Products and the required pre-payment amounts for such Products, shall be determined by the Third Party Vendors.

4.2. Prior to making the Pre-Payment, the User shall provide for the delivery address of the Products and his or her contact details and schedule the delivery date and timeframe. The User shall be informed of the amount of Pre-Payment to be made for that Product during the Pre-Sale Period and the remaining amount of payment (the “Final Payment”) to be made to complete the Order for the Product, as well as the timeline within which the Final Payment may be made for the Product (the “Final Payment Period”).

4.3. The Final Payment Period shall commence after the final date of the Pre-Sale Period. Each User shall provide his or her contact details, mobile number and/or email address for WONDERS and/or its affiliates or authorised agents to notify and/or remind such User to make the Final Payment during the Final Payment Period to complete his or her Order for the Product.

4.4. By participating in the Pre-Sale Program and payment of the Pre-Payment in respect of any Product, each User acknowledges, understands and undertakes that such Pre-Payment is non-refundable and subject to forfeiture where the User does not make the Final Payment for such Product and complete the Order within the Final Payment Period.

4.5. An Order shall only be confirmed and processed for delivery by Wonders Online Shop in respect of a Product available under the Pre-Sale Program where both the Pre-Payment and Final Payment have been made during the Pre-Sale Period and Final Payment Period respectively. Where a User has made a Pre-Payment for any Product during the Pre-Payment Period but fails to make the Final Payment for such Product during the Final Payment Period, the Order for such Product shall not be confirmed and Wonders Online Shop shall have the sole right, entitlement and discretion to retain and/or forfeit the Pre-Payment amount.

4.6. Only upon successful Pre-Payment for any Product shall any stock for that particular Product be reserved for the paying User.

4.7. Save where Wonders Online Shop cancels any Order made by a User, a User shall only be entitled to a refund of any payments made for a Product offered under the Pre-sale Program after completion of an Order for such Product and where he or she fulfils and/or satisfies the conditions and requirements for refunds under the Terms of Use.

4.8. A User shall be entitled to make payment for any Products offered under the Pre-Sale Program using any of the payment method prescribed by Wonders Online Shop from time to time, save that:

(i) cash on delivery shall not be offered as a payment method for Products purchased through the Pre-Sale Program; and

(ii) a User shall be required to utilize the same payment method for each of the Pre-Payment and Final Payment.

4.9. Wonders Online Shop reserves the right to cancel and/or refund any Pre-Payments made by a User or Orders placed in connection with the Pre-Sale Program where it determines in its sole and absolute discretion that such User has breached these Pre-Sale Program Terms, the Terms of Use or the Terms & Conditions of Sale.

  1. User’s Obligations

5.1. Each User acknowledges and agrees that:

(i) He or she shall comply with all applicable laws and regulations to the fullest extent when participating in the Pre-Sale Program.

(ii) He or she shall comply with all third party terms (including, without limitation, any applicable terms of use, policies and guidelines) provided by brands or sharing channels where such sharing channels are used to invite third parties to the Pre-Sale Program, and such User shall not, as part of his or her participation in the Pre-Sale Program, breach any of these terms.

(iii) He or she shall be responsible for all information that is communicated, submitted, transmitted or otherwise made available during such User’s participation in the Pre-Sale Program whether to Wonders Online Shop or third parties.

(iv) You shall not participate in the Pre-Sale Program or permit the participation in the Pre-Sale Program in any manner which may adversely affect other customers’ or Users’ participation in the Pre-Sale Program or the goodwill or reputation of Wonders Online Shop.

(v) You are responsible for complying with these Pre-Sale Terms.

(vi) Wonders Online Shop, to the fullest extent permitted by law, excludes all warranties, rights and remedies (including warranties implied by statute or otherwise) that a User would otherwise be entitled to under law.

5.2. Where Wonders Online Shop deems that a User has breached any of these Pre-Sale Terms, including fraudulently participating in the Pre-Sale Program, Wonders Online Shop reserves the right, at its sole and absolute discretion to:

(i) prevent or restrict access of any User to the Pre-Sale Program, the WONDERS mobile app and/or Website;

(ii) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or

(iii) cancel any Orders placed during a User’s participation in the Pre-Sale Program.

  1. Miscellaneous

6.1. Any Clause in these Pre-Sale Terms, the Terms of Use, the Standard Terms and Conditions, the Privacy Policy, the Digital Vouchers & Gift Cards Terms and Conditions, the Wonders Online Shop Payment Account User Terms and Condition and the Wonders Online Shop Terms and Conditions as well as such other terms and conditions as may be agreed or accepted by a User, that are invalid, unenforceable or illegal shall be enforced as far as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other Clauses, terms and/or conditions which Clauses, terms and/or conditions shall continue to be valid and enforceable to the fullest extent permitted by law.

6.2. Wonders Online Shop reserves the sole right to alter, modify, add to or otherwise vary these Pre-Sale Terms at any time and from time to time, and in such manner as Wonders Online Shop deems appropriate at its absolute discretion. In the event of variation of these Pre-Sale Terms, if you continue to participate in or use the Pre-Sale Program thereafter, you shall be bound by the Pre-Sale Terms as so amended and shall be deemed to have accepted the Pre-Sale Terms as so amended.

6.3. Wonders Online Shop shall not be liable to you for any Losses which may be incurred as a result of any non-performance, error, interruption or delay in the performance of its obligations under these Pre-Sale Terms (or any part thereof) or in connection with the Pre-Sale Program or for any inaccuracy, unreliability or unsuitability of the program if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Wonders Online Shop’s reasonable control.

6.4. The laws of Malaysia shall apply and govern these Pre-Sale Terms. Any dispute arising out of or relating to these Pre-Sale Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre under the SIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Singapore. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

6.5. No vouchers or voucher codes may be used in conjunction with any Pre-Payment or Final Payment for any Product.

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