Effective Date: 1 November 2019
Last Updated: 15 May 2020

Kindly read and understand this terms and conditions (the “policy”) carefully before using the service rendered from SMOTOR.ASIA (the “SMOTOR”), or mobile applications provided by smotor.asia (the “site” or “website”). Products and services hereinafter referred to as “Product”. Upon usage of this website and any other form of related applications, you are legally bound and agreed to SMOTOR’s terms and conditions.

This agreement is applicable to all users of the site (the “user”), including but not limited to SMOTOR customers, clients, agents, vendors, merchants, or contributors to any form of content, materials, information and services.

1. Membership Account

To create a S MOTOR membership account, a valid email address is required. S MOTOR’s listing and services may only be used by individuals who are 18 years old and above. By registering with S MOTOR, you represent that you are at least 18 years old and all registration information submitted are accurate. In its sole discretion, S MOTOR may refuse to offer access to use the website to any individual and change its eligibility criteria at any time. Individual under the age of 18 may use S MOTOR’s website and services only in conjunction under the supervision of a parent of legal guardian who is at least 18 years old.

You comply and agree to keep password secured and to not share with any other party. S MOTOR will not be liable to any damage due to loss of password. You may not transfer or sell your S MOTOR account or ID. You are responsible for all policies and law applicable when using S MOTOR. Please read S MOTOR’s Privacy Policy of which is incorporated herein by reference and of which may be updated by S MOTOR from time to time without any prior notice to all user.

S MOTOR, and other S MOTOR graphics, logos, artworks, designs, service names that are visible from the website or any other promotional advertisements are S MOTOR’s registered trademarks. You may not use these trademarks about any other product or service in any manner, unless otherwise approved by S MOTOR.

2. Online Platform

S MOTOR serves as an online platform to allow users who abide S MOTOR’s policies to purchase goods, products or services from S MOTOR. S MOTOR main service is to provide sale of motor spare parts and accessories to users.

As a S MOTOR user, browsing website is free of charge. Any purchase made on S MOTOR are obliged to comply to the laws and regulations stated in S MOTOR’s policies.

You need an internet connection to use S MOTOR, any lags or long buffering period is expected, depending on the speed of your internet and server service provider. S MOTOR do not promise real time accuracy, there might be cases where a product has been purchased but not displayed on S MOTOR website instantly.

3. Content and Services

All the information, which includes the content, images and descriptions, on S MOTOR represents opinion based on S MOTOR own experiences and research. Users are advised to exercise their own due diligence, judgment and discretion in assimilating the content. If any of the information that is provided by user found to be fictitious content or services, S MOTOR has the right to terminate the user’s account with immediate effect. S MOTOR does not hold responsibility for content added by users, and shall not be liable for any direct or indirect damages or losses caused by such content, including without limitation, copyrighted materials from other sources. S MOTOR is not liable for the accuracy of the data provided by users or third party through the website.

You are not licensed to add any S MOTOR user to your email or physical mail list. For more information, see S MOTOR’s Privacy Policy. S MOTOR will not release or share personal information, email address and will solely be used within S MOTOR, unless otherwise stated in S MOTOR’s policies. Should you use S MOTOR’s services via a third-party application, there might be potential infringement by other party, and S MOTOR will not hold responsible for that.

4. Users Interactions and Meetups

Users shall inform S MOTOR if there is any changes on the booking, else users may receive punishment or penalty. In the event a dispute arises between you and S MOTOR, please contact S MOTOR at info@smotor.asia, or via whichever contact method applicable. S MOTOR has no obligation to resolve disputes between users or external parties. Should the dispute be uncontrollable, S MOTOR will refer the issue to local law enforcement.

5. Products

Product(s) listed on S MOTOR is new to serve its purpose. Upon delivery, if the Product(s) is broken/damaged due to unforeseen situation, S MOTOR will investigate and proceed for the replacement.

6. Charges

All product price, shipping charges (if applicable), and any other fees shall be made full payment during checkout in “Site”. There shall not be any additional payment or fees during local pickup or delivery.

7. Payment Method

User can make payment to S MOTOR to book the products via Internet or ATM Bank Transfer, FPX Online Banking or Master/Visa Card, which including but not limited to the product price and shipping charges (if applicable). For payment via Internet or ATM Bank Transfer, order will not be processed until we have verified the funds have been cleared in our account. It’s user responsibility to ensure the accuracy of the transferred funds, which the order ID has to be included in payment reference and the payee account as stated in email sent by S MOTOR upon checkout. S MOTOR will not be responsible for any error caused by user or third party and user agrees to provide accurate information.

8. Evidence of Transaction

Upon making payment for the order, a copy of order receipt along with order reference number will be e-mailed to the user as a proof of transaction. An updated order receipt will be e-mailed to user once the order have been cancelled or refunded to user’s account.

9. Authorization

If a third party is appointed or authorized to act on behalf of the user to perform any obligations stated under this policy, the authorized party must be responsible for the conduct of its appointee and liable for any loss or damage or delay caused by the appointee. User have to inform S MOTOR with such arrangement to avoid unnecessary mistakes. S MOTOR reserves the right to understand the situation as user fails to collect the product(s).

10. Cancellation & Refund

User is entitled to cancel an order in less than and up to 2 days after placing the order, for which S MOTOR will refund the total paid subtotal including shipping charges, if applicable. However, the cancellation is not available once the product is with our logistic company before the request of the cancellation. User understands that in order to get any refund, it’s required to write in to info@smotor.asia and state the booking reference number to be cancelled.

11. Warranties

S MOTOR warrants that all products to be free of defective materials and workmanship. Warranty periods vary by product, commencing from the date of delivery and are defined in the table below.

If, during the warranty period, a product is deemed defective due to a manufacturing defect, S MOTOR will repair or replace part(s), at S MOTOR’s option. This Warranty covers the replacement or repair of any product that has a manufacturing or material defect that is not the result of normal wear and tear, or a natural characteristic of the material used.

This Warranty is not transferable and any subsequent purchaser buys the product ‘as is’, is without the protection of the Warranty. The warranty does not cover products used for commercial purposes.

11.1. CLAIM PROCEDURE

Any claims will have to be emailed to info@smotor.asia attached with photos of defects, and order number.

11.2 LIMITATIONS AND EXCEPTIONS:
  • Proper care and usage are essential to preserving your rights under this warranty. This warranty does not apply if your SMOTOR products is damaged by using detergents, abrasives or other harsh cleaning agents.
  • This limited warranty does not cover damage resulting from negligence, abuse, normal wear and tear, or accidents: including (but not limited to) burns, cuts, scratches, tears, scuffs, watermarks, indentations or pet damage.
  • The warranty does not apply if the product is used outdoors.
  • Any product modification by consumer or other parties not authorized by S MOTOR will void this limited warranty.
  • This warranty does not cover items purchased as ‘Studio Pieces’ or designated as ‘AS IS’ at the time of purchase and products not purchased directly from S MOTOR.
  • S MOTOR’s decision on all issues relating to complaints as to defects either of workmanship or materials shall be final and conclusive. Any decision to repair or have part(s) replaced shall be at S MOTOR’s sole discretion.
  • Any item repaired or replaced under this Limited Warranty will be covered by the Limited Warranty for the remainder of the original warranty period only.
  • This warranty covers in respect of manufacturing defects detected within the warranty period, the cost of material components, replacement parts, labour and transportation charges.
  • In respect of manufacturing defects detected after warranty period, the cost of material components and replacement parts, with all labour charges and transportation costs (if any) to be covered by the Purchaser.
3. WARRANTY PERIOD:

Safety and quality is a big part of any S MOTOR product. We conduct stringent in-house quality of our products which is why we offer you. The warranty period can be found under the product listing page.

13. Law, Jurisdiction, Venue

This policy and all matters relating to it will be governed by the laws of Malaysia. Both parties agree that the courts of the Malaysia shall have exclusive jurisdiction to settle any dispute in conjunction with this policy. Any notices shall be delivered to a party at the addresses first listed above. The Parties are independent parties, each acting in its name and for its own purpose. Nothing in this policy shall be deemed to constitute, create, give effect to or otherwise recognize a partnership, agency, joint venture or formal business entity of any kind. Neither party may assign, modify, or amend this policy without the express written consent of the other party. If any provisions of this policy are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this policy so that this policy shall remain in full force and effect.