Terms & Conditions

Terms & Conditions

INTRODUCTION

Welcome to the pisen.com.my website (the "Site"). These terms and conditions ("Terms and Conditions") apply to the site, Pisen Malaysia Sdn Bhd (1052098-U), 

and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. “Pisen” means Pisen Malaysia Sdn Bhd, 

a company incorporated in Malaysia having its registered address at 2847, Tingkat 1, Jalan Baru, Bandar Perai Jaya, 13600 Perai, Pulau Pinang, Malaysia.

By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms andConditions of use, 

you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. 

Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. 

Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.

 

USE OF

Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe 

for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there 

are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely 

responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. 

The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, 

your failure to comply with this section.

 

USER SUBMISSIONS

Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") 

will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or 

reviews to the Site, you also grant us the to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false 

e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions We may, but shall not be 

obligated to, remove or edit any Submissions.

 

ORDER ACCEPTANCE AND PRICING

Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at 

any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the 

order. We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of 

an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, 

at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such

orders whether or not the order has been confirmed and your credit card or bank account charged.

 

GST

GST will be implemented in Malaysia with effect from 1 April 2015 at the rate of 6%. It will replace the existing sales tax and service tax. Prices of Items and services 

provided by Pisen Malaysia Sdn Bhd, being GST registered company, will include GST where applicable. Please refer to the GST Act 2014 published in the gazette on 

19 June 2014 and the GST Regulations 2014 issued on 30 June 2014. GST is under the jurisdiction of the Royal Malaysian Customs Department (“Customs Department”).

 

TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of 

your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we 

shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use 

of this Site 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. You furthermore agree that the Site shall not be liable to you or to any other person as a result of 

any such suspension or termination.

 

Terms of Use

1. Interpretation

1.1 In these Conditions:

"Buyer" means the person who accepts a quotation of Pisen Malaysia for the supply of Goods

"Conditions" mean the general terms and conditions set out in this document and(unless the context otherwise requires) any special terms and conditions agreed 

in writing between the Buyer and Pisen Malaysia;

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

“Pisen” means Pisen Malaysia Sdn Bhd, a company incorporated in Malaysia under registration number 1052098-U and having its registered address at 

2847 Tingkat 1, Jalan Baru, Bandar Perai Jaya, 13600 Perai, Pulau Pinang.

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

 

2. Price

The price of the Goods and/or Services shall be the price stated in Pisen Malaysia’s website at the time which the Buyer makes purchase to Pisen products. 

The price excludes the cost of delivery charges, any applicable goods and services tax, value added tax or similar tax which the Buyer shall be liable to pay to 

Pisen Malaysia in addition to the price.

 

3. Terms of Payment

5.1 The Buyer shall be entitled to make payment for the Goods pursuant to the various payment methods set out in Pisen Malaysia’s website.

5.2 In addition to any additional terms contained in Pisen Malaysia’s website, the following terms shall also apply to the following types of payment:

5.2.1 Credit Card

Pisen Malaysia accepts all Malaysian Visa and MasterCard debit cards where subject to bank availability. All debit card numbers shall be protected by means of 

industry-leading encryption standards.

5.2.2 Debit Cards

Pisen Malaysia accepts all Malaysian Visa and MasterCard debit cards where subject to bank availability. All debit card numbers shall be protected by means of 

industry-leading encryption standards.

5.2.3 Online Banking

i. By choosing this payment method, the Buyer shall transfer the payment for the Goods to a Pisen Malaysia’s account for the total amount of the Buyer’s purchase 

(including any applicable taxes, fees and shipping costs).

The transaction must be payable in Ringgit Malaysia. Pisen Malaysia, in its sole discretion, may refuse this payment option service to anyone or any user without

notice for any reason at any time.

ii. For the time being, Pisen Malaysia accepts online bank transfers from OCBC Bank, Maybank and Public Bank

 

4. Delivery/Performance

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

4.2 Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and Pisen Malaysia shall not be

liable for any delay in deliv-ery or performance howsoever caused.

 

5. Risk and property of the Goods

5.1 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 

Pisen Malaysia has tendered delivery of the Goods.

5.2 The Buyer agrees with Pisen Malaysia that the Buyer shall immediately notify Pisen Malaysia of any matter from time to time affecting Pisen Malaysia’s title to the 

Goods and the Buyer shall provide Pisen Malaysia with any in-formation relating to the Goods as Pisen Malaysia may require from time to time.

5.3 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) Pisen Malaysia shall be 

entitled at any time to demand the Buyer to deliver up the Goods to Pisen Malaysia and in the event of non-compliance Pisen Malaysia reserves it’s right to take legal 

action against the Buyer for the delivery up 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. Warranties and Remedies

6.1 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.

 

6.2 Subject to this Condition 8, Pisen Malaysia 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 16 months for Pisen Mobile Power bank and 12 months for Pisen Charging Cookie M (White) and other accessories 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), Pisen Malaysia further gives to the Buyer such implied warranties as cannot be excluded by law.

 

6.2.1 Pisen Malaysia’s above warranty concerning the Goods is given subject to the following conditions:

(a) 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 Pisen Malaysia.

(b) 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.

(c) Pisen Malaysia 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 Pisen Malaysia's opinion 

in that behalf. Pisen Malaysia does not give any warranty as to the quality state condition or fitness of the Goods.

(d) Pisen Malaysia 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 de-fects, alteration of the Goods without the prior agreement of Pisen Malaysia, addition and insertion of parts, in particular of 

spare parts which do not come from Pisen Malaysia.

(e) Pisen Malaysia 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 Pisen Malaysia's instructions (whether oral or in writing) misuse or alteration or repair of the Goods without Pisen Malaysia's approval.

(f) Pisen Malaysia 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 Pisen Malaysia’s prior written approval and the Buyer shall indemnify Pisen Malaysia against each loss liability and cost arising out of such claims.

(h) Pisen Malaysia shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.

 

6.2.2 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to 

Pisen Malaysia within seven days from the date of receipt of the Goods or (where the defect or failure was not apparent on reasonable inspection) within a reasonable 

time after discovery of the defect or failure. During use, the Goods shall be monitored constantly with regard to safety and defects. If there are even slight reservations 

concerning the suitability for use or the slightest reservations concerning safety, the Goods must not be used. Pisen Malaysia shall be given written notification immediately, 

specifying the reservations or the defect. However in no event shall the Buyer be entitled to reject the Goods on the basis of any defect or failure, except where the failure is 

such that the Goods delivered are of a fundamentally different nature than those which Pisen Maalaysia had contracted to deliver.

 

6.2.3 If the Buyer does not give due notification to Pisen Malaysia in accordance with the Condition 6.2.2, Pisen Malaysia shall have no liability for any defect or failure or 

for any consequences re-sulting therefrom. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or 

their failure to meet a specification is notified to Pisen Malaysia in accordance with Condition 6.2.2, the non-conforming Goods (or part thereof) will be repaired or replaced 

free of charge as originally ordered. Where the Goods have not been repaired or replaced 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 or replacement, Pisen Malaysia may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair, replacement 

or price reduction being made as aforesaid, the Buyer shall have no further claim against Pisen Malaysia.

 

6.2.4 When Pisen Malaysia has provided replacement Goods or given the Buyer a refund, the non-conforming Goods or parts thereof shall become Pisen Malaysia’s property.

 

7. General

14.9 Pisen Malaysia reserves their right to these terms and conditions of sale at any time.

14.11 Return/Refund or cancellations are not allowed of any perishable goods. To ensure that you are satisfied with the product you received, please inspect the contents 

as soon as your order arrives.