General Terms and Conditions of Sales and Delivery
General Terms and Conditions of Sales and Delivery of Fitline (M) Sdn Bhd
1. Scope; Contract Language
(1) These General Terms and Conditions of Sales and Delivery (“GTC”) apply to contracts concluded between you (consumer or distribution partner, collectively referred to as the Customer) and us, Fitline (M) Sdn Bhd, located at D-05-GF, Garden Shoppe @ One City,
Jalan USJ 25/1A, USJ 25, 47650 Subang Jaya, professionally residing there, via this Online Shop.
(2) The contract language is exclusively English. Translations of these terms and conditions into other languages are provided for your information only. In the event of any discrepancies between the language versions, the English text shall prevail.
2. Applicable Law
The laws of the Malaysia shall apply.
3. Conclusion of the Contract
(1) The presentation of goods and services in our online shop constitutes an invitation to contract and not a legally binding offer.
(2) By clicking the "Buy Now" button in the final step of the ordering process, you submit a binding offer to purchase or book the goods and/or services displayed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which, however, does not constitute acceptance of your offer. A contract between you and Fitline (M) Sdn Bhd is concluded as soon as we accept your order and/or booking by a separate email or dispatch the goods. Please regularly check the SPAM folder of your email inbox.
4. Technical Steps until Conclusion of Contract and Correction of Input Errors; Registration in Our Online Shop
(1) During the ordering process, you first add the goods you wish to purchase to your shopping cart. There, you can adjust the quantity of items or remove selected items at any time before ordering. If you have items in your cart, clicking the "Next" buttons will take you to a page where you enter your data and then select the shipping and payment method. Finally, an overview page will open where you can review your information. You can correct input errors (e.g., regarding payment method, data, or desired quantity) by clicking "Change" next to the respective field. If you wish to cancel the ordering process entirely, you can simply close your browser window. Otherwise, clicking the "Buy Now" confirmation button will render your declaration binding in accordance with Section 3 (2) of these GTC.
(2) You can only order goods in our online shop if you are a registered user. As a registered user, you do not need to provide your personal data every time; instead, you can simply log into your customer account using your email address and the password you chose during registration, either before or during an order. Registering alone does not entail any obligation to purchase the goods offered by us. For information on how we process your data, please refer to our Data Privacy Policy, which you find at the bottom line of our Online Shop.
5. Contractual documents
The contractual terms, including information about the ordered goods and/or booked services, along with these GTC, will be sent to you via email upon acceptance of the contract offer or notification thereof.
6. Right of Withdrawal for Consumers
(1) If you are a consumer (i.e., a natural person who places an order for purposes that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.
(2) If you, as a consumer, exercise your right of withdrawal pursuant to paragraph 1, you have to bear the regular costs of returning the goods.
(3) Furthermore, the regulations regarding the right of withdrawal are as detailed in the Right of Withdrawal Section in the online shop.
9. Delivery Conditions; Transport Damages
(1) We deliver the goods according to the agreements made with you. Any shipping costs are stated in the product description and will be separately indicated on the invoice.
(2) The delivery time is 5-7 working days from the conclusion of the contract.
-For West Malaysia, regardless of the order value, consumers pay a shipping flat rate of RM10.
The shipping flat rate is waived for order with total product point of more than 500 points.
-For East Malaysia, the shipping cost will be included in the Handling fee at checkout.
(3) Further information is available by calling +603-8081 6680.
Fitline (M) Sdn Bhd assumes the transport risk.
10. Prices
All price information in our online shop is gross prices including statutory sales and service tax and are subject to additional shipping costs.
11. Retention of Title
The goods remain the property of Fitline (M) Sdn Bhd until full payment has been received.
12. Payment Terms
(1) The purchase price and shipping costs are due for payment immediately upon ordering. Payment for the goods can be made by Credit/Debit Card, UnionPay, Google Pay, Online Banking (Duitnow/FPX), or by E-wallet. Fitline (M) Sdn Bhd reserves the right to exclude certain payment methods in individual cases. For pickups at an HQ of Fitline (M) Sdn Bhd, payment can also be made in cash or by Credit/Debit Card.
(2) Payment by sending cash or checks is unfortunately not possible. We exclude liability in the event of loss.
(3) You are not entitled to set off against our claims unless your counterclaims have been legally established or are undisputed. You are also not entitled to set off if you assert complaints about defects or counterclaims arising from the same purchase contract.
13. Voluntary Return Policy
The voluntary return policy outlined below does not affect any of your legal rights and/or entitlements including your right to withdrawal and warranty of goods. (Kindly refer to Clause 6 and Cancellation Policy for the matters relating to withdrawal).
Kindly take note of the following conditions for returns:
Return Policy under the 30-Day Satisfaction Guarantee:
Any unsatisfactory purchased of the PM products can be returned within 30 days from the date of invoice issued by Fitline (M) Sdn Bhd. To do so, the PM products must be returned to PM as a sufficiently prepaid and fully prepaid package. PM will then issue a credit note for the amount of the purchase price paid. Promotional materials and sales aids are excluded from the satisfaction guarantee.
Extended Return Policy 90 Days:
Every Team Partner and every consumer can return PM products duly purchased within 90 days from the date of invoice issued by PM-International, provided that the PM Products are intact, sealed, unopened, and resalable (the shelf life of the products must have at least 3 months prior to the expiry of its best before date), without providing reasons. To do so, the PM products must be returned to PM-International with a valid completed return receipt with all details accurately inserted therein, as well as a fully prepaid package. PM will then issue a credit note for the amount of the purchase price paid. Promotional materials and sales aids are excluded from the extended return policy.
Please always use our service form for your returns: [Click Here]
14. Warranty
(1) If the goods purchased and delivered from our online shop are defective, you are entitled, to request for replacement and/or withdraw from the contract subject to the terms and conditions governing the same.
(2) The limitation period for warranty claims for the delivered goods is two years from the delivery of the goods.
(3) If we have given a separate warranty in individual cases, this warranty is in addition to the abovementioned warranties.
15. Liability
Any damages, loss, cost and expenses payable by us shall be assessed based on actual loss and/or damages suffered by you and we shall not be held liable for any consequential losses and/or indirect damages duly suffered by you in any manner whatsoever.
16. Copyright and Usage Rights
All intellectual property rights in and/or attached to all our publication including but not limited to the contents, images, videos, sounds, texts, photographs and/or marks thereof duly published on our online shop shall belongs solely and absolutely to us. Any usage, adaptation and/or publication thereof shall subject to our prior consent in writing.
17. Information on Online Dispute Resolution in accordance with Article 14(1) of the ODR Regulation; Jurisdiction
(1) The laws of Malaysia shall govern this GTC and shall subject to the jurisdiction of the Court of Malaya in Malaysia.
(2) We endeavor to resolve any disagreements arising from our contractual relationship amicably. Therefore, please contact us so that we can find a solution together.
These GTC may be reviewed and updated periodically. Fitline (M) Sdn Bhd will publish the new version of these GTC on the website of its Online Shop.
Date: August 28, 2024