TERMS AND CONDITIONS OF SALE

(“Terms and Conditions”)

  1. Terms and Conditions
    • 1.1 https://www.cuckoo.com.my/e-brandshop (“Website”) is a website operated by Cuckoo International (MAL) Sdn. Bhd. (“us”, “our”, “we”, “CUCKOO”), a company registered in Malaysia with business address at Level 16, Menara Bangkok Bank, Laman Sentral Berjaya, No. 105, Jalan Ampang, 50450 Kuala Lumpur.
    • 1.2 By assessing and/or using the Website, you agree to accept these Terms and Conditions and CUCKOO’s Personal Data Privacy Notice as outlined in https://www.cuckoo.com.my/pdpa-consent and agree to be bound by them.
    • 1.3 In these Terms and Conditions:
      • a) Reference to “you”, “user”, and “guest” means anyone who visits and/or uses this Website
      • b) Reference to “product” or “products” means any products offered by CUCKOO on the Website.
      • c) Reference to a “third party” includes a reference to any agent, independent contractor, service providers or any persons engaged by CUCKOO or any of its related entities for the sale of the products offered by CUCKOO.
    • 1.4 These Terms and Conditions may be amended or revised by CUCKOO from time to time by posting the changes on the Website. Such amendments or revisions will be effective immediately upon publication on the Website. Your continue use of the Website following any amendment or revision of these Terms and Conditions constitutes your acceptance of those changes.
    • 1.5 CUCKOO reserves the right to decline any order or purchase at its sole discretion.
    • 1.6 The availability of the products on the Websites is subject to change without prior notice.
  2. Legal Capacity
    • 2.1 You must be at least eighteen (18) years old to purchase products from the Website.
    • 2.2 Any order made by you using this Website is an acknowledgment by you that:
      • a) you are over the age of eighteen (18) or if you are under the age of eighteen (18), you will obtain the consent of your parent or legal guardian to enter into an agreement with CUCKOO and provide any documentation and details to CUCKOO when requested;
      • b) if you are representing a company, association or any other legal entity, you are authorised to enter into the agreement with CUCKOO on behalf for such entity;
      • c) you accept these Terms and Conditions and agree that these Terms and Conditions together with your order, constitute an entire agreement between you and CUCKOO for the supply of products (“Agreement”); and/or
      • d) you will provide true, correct and current information to CUCKOO and you undertake to update your information where there are any changes.
  3. Order
    • 3.1 You may access and/or use the Website to make any purchase as a guest by following the steps below:
      • a) add your desired product to the cart;
      • b) proceed to check out;
      • c) key in your personal details (ie name, delivery address, telephone number, valid email address and identity card number (optional); and
      • d) make payment.
    • 3.2 You will receive a confirmation email from us once you complete the payment for the product.
    • 3.3 All order shall be subject to CUCKOO’s acceptance. If you do not provide accurate and complete details, CUCKOO may decline your order or purchase.
  4. Price of Products
    • 4.1 Prices shown are in Ringgit Malaysia and may exclude delivery, handling and/or installation charges.
    • 4.2 Prices are valid until amended or removed from the Website and are subject to change at any time.
    • 4.3 Images of products shown without any advertised price beside that image are not offered for sale.
    • 4.4 CUCKOO reserves the right to correct any errors published on the Website at any time.
  5. Payment
    • 5.1 All payment, including any applicable delivery, handling or installation charges must be made in full to CUCKOO prior to delivery, through credit/debit card, online banking and e-wallet accessible via the Website. Once payment has been made, no cancellation of order or no refund shall be permitted.
    • 5.2 You acknowledge, understand and agree that:
      • a) for credit/debit card payment, you have the right and/or are authorised to use any credit/debit card that you have provided for payment;
      • b) you are responsible for the accuracy and authenticity of all information you provided; and
      • c) you will promptly contact CUCKOO to arrange alternative payment for any amounts, if, for any reason whatsoever, the payment cannot be made from your card.
    • 5.3 Upon successful payment, a confirmation receipt will be made available for your access via email.
    • 5.4 If for any reason whatsoever, payment cannot be processed via your credit/debit card or any payment method of your choice, CUCKOO reserves the right to suspend the delivery of your products until such payment is successfully made by you.
    • 5.5 CUCKOO will not be responsible for any damages or consequential losses of any kind (whether direct or indirect) suffered by you or any third party, where a credit/debit card, banking account or other payment method is fraudulently used or is used in an unauthorised or improper manner.
  6. Delivery of Products
    • 6.1 CUCKOO will ship the product to the provided address in Malaysia within three (3) working days from the date of successful payment. The provided timeframe is an estimate and does not include any delivery lead time. CUCKOO shall not be held responsible for any delay to deliver products beyond the specified timeframe, regardless of the reasons.
    • 6.2 CUCKOO will bear the delivery fee for order exceeding RM 100.00. For order less than RM 100.00, you will be responsible for the delivery fee.
    • 6.3 Any requests to change the delivery address for an order are subject to CUCKOO’s approval. You shall contact our Customer Support Team promptly to make such request. Once the parcel has been handed over to our third-party delivery service provider, no changes are allowed.
    • 6.4 Title and risk in products shall pass to you on delivery after full payment has been received by CUCKOO.
    • 6.5 You are required to inspect your products when you accept delivery and to reach out to our Customer Support Team for any damage on delivery or shortages within seven (7) days of delivery. We will not be liable for any damage on delivery to any of the products unless we are notified within the time period specified above.
    • 6.6 In the event you do not receive the product within fourteen (14) days after the date of successful payment, you can reach out to our Customer Support Team for assistance.
  7. Product Warranty
    • 7.1 Certain products purchased through our Website come with a product warranty (“Product Warranty”) that covers manufacturing defects for the periods specified on the product page. The warranty period shall commence on the date of delivery.
    • 7.2 This Product Warranty shall exclude normal wear and tear, damage caused by abuse, misuse, neglect or use of products not in accordance with the user manual, damage in transit, unauthorised repair/modification or any force majeure events, including but not limited to fire or flood.
    • 7.3 To claim Product Warranty, you shall contact our Customer Support Team and provide your name, IC number, contact number, email address, order number, product serial number, and any other documents or information that may be required by CUCKOO, and return the product in its original packaging to CUCKOO at 13B, Subplace Boulevard, Pusat Komersil Vestland, No. 6, Jalan Juruanalisis U1/35, Seksyen U1, 40150 Shah Alam, Selangor (“Return Centre”), at your own costs.
    • 7.4 Upon receiving your Product Warranty claim, CUCKOO reserves the rights and discretion to:
      • a) approve any valid claim or decline any claim that is excluded from the warranty or filed beyond the warranty period;
      • b) if the warranty claim is approved, repair the defective/ damaged product at no charges; or
      • c) if the warranty claim is approved and the product is beyond repair, offer a replacement with either a new product or product with similar value.
    • 7.5 For products not covered by the Product Warranty, you shall be responsible for all costs associated with the repair of the product, including but not limited to spare parts and labor fees.
  8. Return and Exchange of Product
    • 8.1 Save for damaged, defective, expired product or receipt of a different product than ordered, all product received are non-returnable.
    • 8.2 To initiate return and exchange, you shall contact our Customer Support Team and return, at your own costs, the product in its original packaging to CUCKOO’s Return Centre.
    • 8.3 Exchanges will be processed and shipped within seven (7) working days after receiving the returned products. The provided timeframe is an estimate.
    • 8.4 CUCKOO reserves its right of making final decision to disapprove your request for return, exchange, repair of the product should the product be returned is in unsatisfactory condition or any of the requirements above are not met.
  9. Force Majeure
    • 9.1 CUCKOO shall not be liable for any delay or non-performance of any of its obligations if such delay or non-performance is caused by circumstances beyond CUCKOO reasonable control, including but not limited to, acts of God, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries and you shall remain obligated to pay CUCKOO all and any sums due and payable under the Agreement.
  10. Indemnity
    • 10.1 You will indemnify and keep indemnified CUCKOO, its directors, shareholders, officers, employees, agents, affiliates, successors and permitted assigns thereof from and against any losses, damages, claims, costs, expenses, demands, and actions, due to or arising out of your conduct or violation of any of the Agreement. These Terms and Conditions will survive the termination of the Agreement.
  11. Personal Data Protection
    • 11.1 By placing an order using the Website, you agree and consent to:
      • a) the use and sharing of your Personal Data by CUCKOO for the purpose of KYC, eKYC (Know Your Customer) and/or credit check with the party assigned by CUCKOO; and
      • b) transfer and storage of any of your Personal Data to any location including outside Malaysia as and when deemed necessary by CUCKOO for operational purposes including data backup.
  12. Customer’s Enquiries / Complaints
    • 12.1 Should you wish to make any enquiry or complaints, please contact our Customer Support Team via email at ecomm@cuckoo.com.my.
    • 12.2 Any notice given to you by or on behalf of CUCKOO shall be deemed sufficient and good notice duly served on you if it is posted electronically on the Websites or send to you via email.
  13. Miscellaneous
    • 13.1 CUCKOO may assign, transfer, or sub-contract any of its rights or obligations under the Agreement without notice to you. You are not to assign or subcontract any of your rights or obligations under the Agreement.
    • 13.2 The failure by CUCKOO to exercise or enforce any right or provision under the Agreement will not constitute a waiver of such right or provision.
    • 13.3 CUCKOO’s records (including electronic, computer and digitally stored records) of all matters relating to your order or purchase including but not limited to online transaction and any invoice, bill, statement of account and/or certificate from CUCKOO stating your liability to CUCKOO as at any specified date shall be conclusive of their accuracy and authenticity and shall be binding on you for all purposes whatsoever.
    • 13.4 The Agreement shall be governed by the laws of Malaysia. Parties agree to be subject to exclusive jurisdiction of the courts of Malaysia.
    • 13.5 You shall bear the stamp duty of the Agreement (if applicable), any applicable taxes and other incidental expenses in relation to the Agreement.