CUSTOMER TERMS AND CONDITIONS

1. PURPOSE

The terms and conditions herein ("Terms and Conditions") is the agreement that defines the rights, duties and responsibilities of RECYCLO.CC and a Customer in relation to the sale and purchase of any Product on the Site. By speaking to our authorised personnel or representative, registering an Account or placing an Order with RECYCLO.CC or using any facilities made available by RECYCLO.CC in relation to the purchase of any Product on THE SITE, Customers and any other users of THE SITE are deemed to have read and accepted and agreed to be bound by the Terms and Conditions.

The Terms and Conditions shall be read together with all the information made available to a Customer when placing and confirming an Order including without limitation

• 1. The Privacy Notice on the use of personal information;
• 2. The Terms of Use for THE SITE; and 
• 3. Such other information as may be provided to a Customer by RECYCLO.CC, save that in the event of any conflict, the Terms and Conditions herein shall apply.

For purchases from THE SITE, Customers are advised to read the Terms and Conditions, the Terms of Service and the Privacy Policy as well as the Refund Policy before making any purchase of a Product. RECYCLO.CC shall be entitled to provide a copy of the Terms and Conditions and the Privacy Notice to Customers online at RECYCLO.CC

RECYCLO.CC reserves the right to change, modify, add, or remove portions of this Terms and Conditions and the information provided to a Customer including the use of THE SITE at any time. Changes will be effective after they are posted on the SITE or notified by RECYCLO.CC. The continued use of THE SITE following such changes to the Terms and Conditions is deemed to constitute the Customer’s acceptance of those changes.

Definitions:

“Account” means a one-time registration account created for a Customer via THE SITE containing the information of the Customer including without limitation name, address, email, telephone number and/or such other information as may be requested by RECYCLO.CC for purposes of registration.

“RECYCLO.CC” or “We” or “Us” means RECYCLO.CC under the business registration of CYCLOMOTION SDN BHD (Company Number 1081860-K) a company incorporated in Malaysia and having its address at 11-1, Jalan Wangsa Delima 2A, Seksyen 5 Wangsa Maju, 53300 Kuala Lumpur, Malaysia which operates the online shopping business that offers Products for sale at the SITE and known as “RECYCLO.CC” or “RECYCLO.CC Online Store” or “RECYCLO.CC” defined in web address as recycle.cc or www.recyclo.cc 

“Business Day (s)” means a day (s) on which commercial banks are open for business in Kuala Lumpur (other than Saturdays, Sundays and public holidays).

"Customer/Customers” or “You/Your” means the person who places an Order and purchases a Product from THE SITE.

"Order" means any order submitted or placed by a Customer to RECYCLO.CC online store on the SITE or via call-in on RECYCLO.CC’s telephone number to purchase a Product from THE SITE.

"Product/Products" means any products/merchandise/services/offers/display items that are uploaded /showcased/displayed on THE SITE.

"Site" means the online shopping platform RECYCLO.CC (site/website/mobile site/mobile website) and/or any mobile applications/mobile interfaces applications/ apps and the services provided by RECYCLO.CC and the its Group which provides a venue / platform to the users of the Site to purchase the Products uploaded, showcased and displayed on the Site.

"Terms and Conditions" means the terms and conditions as detailed herein including all schedules, appendices, annexures, and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.

“Terms of Service” means the terms and conditions in relation to the use of THE SITE which is provided therein.

2. REGISTRATION, ORDER ACCEPTANCE AND PRICING

2.1 Prior to placing the first Order from THE SITE, a Customer must register and create a new Account online on THE SITE. Customers may only need to register an Account once. The Customer shall comply with THE SITE’s Terms of Use provided on THE SITE in relation to the registration of the Account and use of THE SITE.

2.2 Upon registration as per the manner above, the Customer’s Account will be created. Customers only need to register an Account once. For subsequent Orders, Customers will only need to go through RECYCLO.CC’s verification process. Subject to the terms contained herein, RECYCLO.CC reserves the right to decline a new Account or to cancel an existing Account at any time at its sole discretion.

2.3 General Terms of ordering

• a) To place an Order with RECYCLO.CC, a Customer must be over 18 years of age at the time of placing such Order failing which RECYCLO.CC has the right to cancel any Orders placed.
  
  
• b) Any Order placed by a Customer shall include the following information:
      • Product name and specifics (model, color, size, etc.).
      • Payment method.
      • Delivery address.
  
  
• c) A Customer’s successful Order will be confirmed to the Customer via email notification containing a summary of the Order details.
  
  
• d) RECYCLO.CC reserves the right to accept, refuse, cancel or reject any Order at any time or under any circumstances including where an Order cannot be processed for various reasons. You may be asked to provide additional verifications or information before an Order is accepted.
  
  
• e) Notwithstanding the aforesaid, non-acceptance of an Order by RECYCLO.CC may be a result of, without limitation, any one of the following:
  
   - The Product that you have ordered is unavailable or out of stock;
   - RECYCLO.CC is unable to obtain authorization for your payment;
   - The identification of a pricing or product description error;
   - If there is false, omitted, erroneous information in registration of the Customer’s Account;
   - If a Customer is found to be under the age of 18 years;
   - If RECYCLO.CC believes that it is not technically able to fulfill the Order (including delivery).
  
  
• f) Any changes or cancellation by a Customer of any Order shall be notified to RECYCLO.CC’s authorised personnel provided that any Order that has been delivered or pending delivery may not be cancelled but instead the Product must be returned to RECYCLO.CC in accordance with the terms on Returns and Refunds herein.
  
  
• g) All prices stated on THE SITE shall be the price of Products and RECYCLO.CC shall have the absolute discretion to determine the price of the Products at any time including without limitation any promotional price. All prices, unless indicated otherwise, are in Ringgit Malaysia and RECYCLO.CC reserves the right to enhance the currency offerings or limit the currency offerings at any time without notice. Prices shall be subject to changes as may be determined by RECYCLO.CC from time to time without notice.
  
  
• h) The price for the Products includes relevant goods and services tax unless otherwise determined by RECYCLO.CC. RECYCLO.CC shall be entitled to charge delivery and installation charges. RECYCLO.CC is determined to provide the most accurate pricing information on THE SITE but in some cases errors may still occur, such as in cases when the price of an item is not displayed correctly on THE SITE. In the event that an item is mispriced, RECYCLO.CC may, at its own discretion, either contact you for instructions or cancel your Order.

3. PRODUCTS DESCRIPTION AND AVAILABILITY

• a) Subject to the provisions on warranties in Section 6 below, while all images, photographs or videos of the Products presented, showcased, displayed, broadcasted and available on THE SITE are for illustrative purposes only, RECYCLO.CC will attempt to ensure that all description of the Products shown on THE SITE are as accurate as possible. Although RECYCLO.CC has taken reasonable care to present the description of the Products accurately, the actual Products delivered may vary slightly from those shown on THE SITE due to reasons including without limitation any web image quality, broadcast quality, packaging, redesign and improvements.
  
  
• b) The availability of the Products presented on THE SITE depends on availability of stock and RECYCLO.CC does not guarantee the availability of the Products. In order to ensure that Products are available to all Customers, RECYCLO.CC has the right to set maximum limits in advance for the purchase of individual items by a single Customer. If the Products requested by the Customer are unavailable or out of stock, RECYCLO.CC shall make every effort to offer a substitute item which is closest in terms of price and type to the originally requested item and in this connection, RECYCLO.CC shall not be held liable in any manner whatsoever to the Customer. RECYCLO.CC shall also be entitled to carry out special promotions which offer free gifts or promotional items at its sole discretion from time to time subject to such terms as may be decided by RECYCLO.CC.

4. TERMS OF PAYMENT

• a) RECYCLO.CC reserves the rights to set the rules and policies regarding the payment methods and to make the necessary changes from time to time. The payment for Products purchased from THE SITE by any Customer may be made via any of the following methods (collectively “Payment Methods”):
  
  i) Credit Card, Debit Card
  RECYCLO.CC accepts all Visa, Mastercard and American Express credit and debit cards issued in Malaysia and worldwide. However, no payments will be processed for a non-card holder and Customers shall comply with such terms and conditions as may be imposed by the issuing financial institution or bank. If a credit card or debit card payment is rejected or declined for any reason, RECYCLO.CC reserves its rights under the Terms and Conditions to reject the relevant Order either in whole or in part.
  
  ii) Cash on delivery (COD)
  COD is available to a Customer who wishes to make payments for a Product upon collection at RECYCLO.CC registered premise as per abovesaid address provided that COD may only be transacted up to Orders not exceeding RM1,000.00 per Order per Customer per day. Any Order having a value exceeding RM1,000.00 will be referred to payment via the credit card/debit card method. Customers shall make the full COD payment to RECYCLO.CC’s authorised personnel or representative at the point of collection of the Product which is agreed in RECYCLO.CC registered premise and upon receipt of the full payment, the Product will be handed over to the Customer.
  
  RECYCLO.CC be entitled at its discretion to revise, add or change the Payment Methods at any time and from time to time. Customers are advised to either view THE SITE or call RECYCLO.CC’s telephone number for further details on the payment methods.
  
  
• b) All successful payments made by a Customer via credit card or debit card or EPP will be confirmed online and/or notified by RECYCLO.CC by email. In addition, an email confirmation together with a sales invoice which also serves as a receipt of payment will be sent to a Customer’s email. A copy of the said sales invoice will also be provided to the Customer upon delivery of the Product.
  
  
• c) In the event RECYCLO.CC shall discover any fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with any payment made by any Customer in relation to any Product then RECYCLO.CC shall be entitled to without limitation to any rights of RECYCLO.CC herein, require a different means of payment from the Customer, or to reject an Order and/or close a Customer’s Account.

5. DELIVERY

• a) RECYCLO.CC is entitled at its sole discretion at any time from time to time to appoint any third party (“delivery provider” which definition may include any Product supplier or its authorised personnel) to deliver a Product to a Customer without giving notice of the same to the Customer. For certain Products that require installation, installation of the Product will be carried out on Customer discretion. Customers are advised to check with Our authorised personnel or representative on Products that require installation.
  
  
• b) The Customer shall notify RECYCLO.CC’s authorised personnel or representative if he/she intends to authorize a third party to receive delivery of the Product ordered and shall if requested by RECYCLO.CC or the delivery provider, provide an authorization letter to the delivery provider at the point of delivery for identification and verification purposes.
  
  
• c) Subject to the terms herein, delivery of the Products shall only be available to designated areas in Malaysia (which may be revised from time to time by RECYCLO.CC at its discretion) (“Designated delivery areas”) and to the address specified by the Customer in an Order, provided that such address falls within the Designated delivery areas. Customers are advised to check at the point of placing an Order on the Designated delivery areas and RECYCLO.CC shall be entitled to reject any delivery which is not within the Designated delivery areas.
  
  
• d) The operating hours of the delivery provider is within 11.00 am to 8.00 pm on a Business Day (“Delivery Hours”) subject to any revision as shall be determined by RECYCLO.CC. Any request for deliveries after the Delivery Hours is subject to the discretion of RECYCLO.CC and additional charges may apply. Customers are advised to call RECYCLO.CC’s telephone number if he/she wishes to request for a specific delivery date and time at the time of placing an Order subject to the Delivery Hours of the delivery provider.
  
  
• e) Subject to the terms herein, any Order placed before 12.00pm on a delivery provider Business Day will be subject to the following delivery periods (which may be revised by RECYCLO.CC at any time from time to time at its discretion):
  
  i) For deliveries within city areas in Peninsular Malaysia, Products will be delivered between 2 to 5 Business Days.
  ii) For deliveries to and within city areas in East Malaysia, Products will be delivered within 3 to 7 Business Days.
  iii) For deliveries to and within areas outside city areas nationwide, Products will be delivered between 3 to 8 Business Days.
  iv) For deliveries to outside Malaysia, Products will be delivered between 5 to 14 Business Days.
  
  Orders made after 12.00pm shall be considered as Orders which are placed on the following Business Day. Notwithstanding the above, delivery periods may vary for Products that consist of bulky items and/or that which require installation. Customers are advised to check THE SITE or call RECYCLO.CC’s telephone number and speak with RECYCLO.CC’s authorised personnel or representative for further details.
  
  
• f) RECYCLO.CC will inform the Customer if it is unable to meet an estimated delivery date or time. In the event a Customer is not present at the address upon delivery then attempts will be made to fulfill the delivery and the Customer shall inform RECYCLO.CC’s authorised personnel or representative via telephone or email to re-schedule the delivery. If the Customer fails to take delivery of any Product after the third attempt for delivery for any reason (otherwise than by reason of any cause beyond the Customer's reasonable control or by reason of RECYCLO.CC's fault) then without prejudice to any other right or remedy available to RECYCLO.CC, RECYCLO.CC may cancel the Order and refund any payment made by the Customer back to the Customer.
  
  
• g) Risk of damage to or loss of the Products shall pass to the Customer at the time of delivery or if the Customer wrongfully fails to take delivery of the Products at the time when RECYCLO.CC or the delivery provider has tendered delivery of the Products. Notwithstanding delivery and the passing of risk in the Products, the property in the Products shall not pass to the Customer until RECYCLO.CC has received payment in full of the price of the Products in an Order. To the extent permitted by law, RECYCLO.CC shall not be liable to any Customer for any losses, liabilities, costs, damages, charges or upon passing of risk to the Customer.

6. WARRANTIES

• a) RECYCLO.CC will take reasonable steps to ensure that all Products have been screened and inspected by RECYCLO.CC’s distributors and suppliers to ensure that the Products are of the standard, quality, composition, style or model that they represent and as presented, on THE SITE. RECYCLO.CC does not take any responsibility for any inaccuracy or error in the presentation, display and broadcasting of such information. RECYCLO.CC binds itself only to exercise reasonable care when delivering the Products 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 RECYCLO.CC's opinion in that regard.
  
  
• b) Subject to Section 7 below, RECYCLO.CC does not make any express or implied warranties, representations or endorsements including but not limited to any warranties of title, non-infringement, merchantability, usefulness, operation, completeness, accuracy, satisfactory quality, reliability or fitness for a particular purpose, in respect of any Product sold to a Customer (and/or any free gift or promotional items given in relation to any such Product), the material, information and/or functions therein and expressly disclaims liability for all errors and omissions in such materials, information and/or functions.

7. LIABILITY AND INDEMNITY

• a) To the full extent allowed by applicable law, the Customer agrees that RECYCLO.CC will not be liable to a Customer/or any third party for any claims against RECYCLO.CC for consequential or incidental loss and damages (including but not limited to loss of revenue, loss of profits, loss of goodwill, loss of reputation, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to any Product sold (including free gifts or promotional items given in relation to any such Product) by RECYCLO.CC.
  
  
• b) RECYCLO.CC shall further be under no liability in respect of: 

1. any allergies or other health or medical condition suffered by a Customer; and
   
   
2. any defect to any Product, arising from unsuitable or improper use, defective installation or commissioning by the Customer 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, mechanical or electric influences, failure to follow instructions (whether oral or in writing) misuse or alteration or repair of the Product, addition and insertion of parts, in particular of spare parts which do not come from RECYCLO.CC without the approval of RECYCLO.CC. In this connection the Customer shall indemnify RECYCLO.CC against each loss liability and cost arising out of such claims.
   
   
3. c) The Customer shall indemnify and hold harmless RECYCLO.CC, its subsidiaries, associates and affiliates from any claim or demand, or actions made by any third party due to or arising out of the Customer’s breach of the Terms and Conditions and the Terms of Use in relation to THE SITE.
   
   
4. d) To the extent permitted by law, RECYCLO.CC’s total liability to the Customer or any third party in respect of any cause of action, shall in no circumstances exceed, in aggregate, a sum equal to 100% of any aggregate amount paid by the Customer in respect of the relevant Products.
   
   
5. e) Nothing in the Terms and Conditions shall exclude or limit our liability for
    - 1. fraud;
    - 2. any breach of the consumer guarantees relating to the supply of products and/or services which cannot be excluded or limited pursuant to the Consumer Protection Act 1999; and
    - 3. any other liability which cannot be excluded or limited under any applicable law.

8. GENERAL TERMS

• a) RECYCLO.CC shall have the right, in its sole discretion and without notice, to suspend or terminate the Customer’s access to THE SITE if the Customer breaches any of the Terms and Conditions and including the Terms of Use and the Privacy Notice by giving fourteen (14) days’ written notice to the Customer. Upon any termination of this agreement, the Customer shall immediately cease all access to and use of THE SITE and RECYCLO.CC shall, in addition to any other legal or equitable remedies, immediately cancel the Account and deny access to and use of THE SITE to the Customer in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
  
  
• b) RECYCLO.CC shall not be liable for any breach of its obligations under the Terms and Conditions where it is hindered or prevented from carrying out its obligations by any event of force majeure or cause outside its reasonable control (or by any damage caused by any of such events).
  
  
• c) The Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof.
  
  
• d) The Terms and Conditions shall be governed in all respects by the laws of Malaysia and the parties shall submit to the exclusive jurisdiction of the Malaysian courts.
  
  
• e) If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced.
  
  
• f) Any communication or notice to RECYCLO.CC should be in writing to RECYCLO.CC’s address stated on RECYCLO.CC’s invoice. All correspondence and notices by RECYCLO.CC to the Customer will be sent in writing to the most recent mailing address provided by the Customer to RECYCLO.CC upon registration or via email to the email address provided by the Customer. Notices will be considered to be received upon hand delivery or upon the fifth business day after posting or upon receipt of the email.