Terms & Conditions
PETRONAS Merchandise Store is operated by MH GLOBAL.
All logos, trademarks and brands are property of their respective owner. All
transactions on the site will be managed by MH GLOBAL Sdn Bhd, with Registered
Number: 651248-U. MH GLOBAL's registered office address is: No. 91, Jalan
Bangsar, 59200 Kuala Lumpur, Malaysia.
If you wish to ask us anything about these terms
and conditions, or if you have any comments or complaints on or about our
website, please email us at merchandisestore@mhglobal.com.
This agreement applies as between you, the User of
this website and MH GLOBAL (the owners and Operators of this website). Your
agreement to comply with and be bound by these terms and conditions is deemed
to occur upon your first use of the Website. If you do not agree to be bound by
these terms and conditions, you should stop using the Website immediately.
1. Definitions and Interpretations
In this Agreement the following terms shall have
the following meanings:
1.1. "PETRONAS Merchandise Store"
or "Website" means the merchandise.petronas.com website
which you are currently using.
1.2. “MH GLOBAL” refers to MH
GLOBAL Sdn Bhd and its affiliates. Any use of the terms "we",
"our", "us", should also indicate a reference to MH GLOBAL
and its affiliates 1.3. “MH GLOBAL” refers to MH GLOBAL Sdn
Bhd of No. 91, Jalan Bangsar, 59200 Kuala Lumpur, Malaysia who operate and run
the website on behalf of MH GLOBAL and process payments for the goods which are
sold.
1.4. “Content” means any text,
graphics, images, audio, video, software, data compilations and any other form
of information capable of being stored in a computer that appears on or forms
part of this Website.
1.5. “Service” means collectively
any online facilities, tools, services or information that MH GLOBAL makes
available through the Web Site either now or in the future.
1.6. “System” means any online
communications infrastructure that MH GLOBAL makes available through the
Website either now or in the future. This includes, but is not limited to,
shopping carts, message boards, live chat facilities and email links.
1.7. “User” or “Users” means
any third party that accesses the Website and is not employed by MH GLOBAL or
its affiliates and acting in the course of their employment.
1.8. "Account" means
collectively the personal information, Payment Information and credentials used
by Users to access the Website
1.9. “Carrier” means any third
party responsible for transporting purchased Goods from our Premises to
customers.
1.10. “Goods” means any products
that MH GLOBAL advertises and / or makes available for sale through this
Website.
1.11. “Payment Information” means
any details required for the purchase of Goods from this Website. This
includes, but is not limited to, credit / debit card numbers, bank account
numbers and sort codes.
1.12. “Purchaser” means any person
or business that buys Goods from MH GLOBAL from this Website.
1.13. “Purchase Information” means
collectively any orders, invoices, dispatch notes, receipts or similar that may
be in hard copy or electronic form.
2. Ownership of Rights, Intellectual Property and Third Party IP
2.1. All Content included on the Website, unless
uploaded by Users or supplied directly by PETRONAS, including, but not limited
to, text, graphics, logos, icons, images, sound clips, video clips, data
compilations, page layout, underlying code and software is the property of MH
GLOBAL, our affiliates or other relevant third parties. By continuing to use
the Website you acknowledge that such material is protected by applicable Malaysia
and International Intellectual Property (IP) and other relevant laws.
2.2. All copyright, trademarks and other
intellectual property rights in this website are owned by MH GLOBAL and its
affiliates, or have been contracted to MH GLOBAL by the owner(s) of those rights
for use on this website.
2.3. Unless otherwise expressly indicated, all
Intellectual Property rights including, but not limited to, Copyright and
Trademarks, in product images and descriptions belong to the manufacturers or
distributors of such products as may be applicable.
2.4. Subject to sub-clause 2.5. you may not
reproduce, copy, distribute, store or in any other fashion re-use material from
the Web Site unless otherwise indicated on the Website or unless given express
written permission to do so by MH GLOBAL.
2.5. Material from the Website may be re-used
without written permission where any of the exceptions detailed in Chapter III
of the Copyright Designs and Patents Act 1988 apply.
3. Links to Other Websites
3.1. This Website may contain links to other sites.
Unless expressly stated, these sites are not under the control of MH GLOBAL or
that of our affiliates. We assume no responsibility for the content of such
websites and disclaim liability for any and all forms of loss or damage arising
out of the use of them. The inclusion of a link to another site on this Website
does not imply any endorsement of the sites themselves or of those in control
of them.
4. Links to This Website
4.1. Those wishing to place a link to this Website
on other sites may do so only to the home page of the site (https://merchandise.petronas.com) without
prior permission. Deep linking (i.e. links to specific pages within the site)
requires the express permission of MH GLOBAL. To find out more, please contact
us by email at merchandisestore@mhglobal.com.
5. Registration and Accounts
5.1. In order to purchase Goods on this Website and
to use the enquiry facilities Users are required to create an Account which
will contain certain personal details. By continuing to use this Website, you
represent and warrant that:
Your creation of an Account is further affirmation
of your representation and warranty.
5.2. It is recommended that you do not share your
Account details, particularly your username and password. MH GLOBAL accepts no
liability for any losses or damages incurred as a result of your Account
details being shared by you. If you use a shared computer, it is recommended
that you do not save your Account details in your internet browser.
5.3. If you have reason to believe that your
Account details have been obtained by another without consent, you should contact MHGLOBAL immediately to suspend your
Account and cancel any unauthorised purchases that may be pending. Please be
aware that purchases can only be cancelled up until the point when they are
dispatched. In the event that an unauthorised purchase is dispatched prior to
your notifying us of the unauthorised nature of the purchase, MH GLOBAL accepts
no liability or responsibility and you should make contact with the Carrier
detailed in the Purchase Information.
5.4. Users must have a valid email address in order
to register on the site, and this will be used as your Account username.
6. Goods, Pricing and Availability
6.1. Whilst every effort has been made to ensure
that all graphical representations and descriptions of Goods available from the
Website correspond to the actual Goods, MH GLOBAL is not responsible for any
variations from these descriptions. This does not exclude our liability for
mistakes due to negligence on our part and refers only to variations of the
correct Goods, not different Goods altogether. Please refer to Clause 10.1 for
incorrect Goods.
6.2. Where appropriate, you may be required to
select the required size, colour, and number of the Goods that you are
purchasing.
6.3. MH GLOBAL does not represent or warrant that
such Goods will be available. Stock indications are provided on the Website,
however these may not take into account sales that have taken place during your
visit to the website by other Users.
6.4. All pricing information on the Website is
correct at the time of publication. MH GLOBAL reserves the right to change
prices and alter or remove any special offers from time to time and as
necessary. Please note that whilst your quotation will be provided in your
selected local currency, the amount charged in your bank will be in MYR,
converted based on the PETRONAS Merchandise Store exchange rate.
6.5. In the event that prices are changed during
the period between an order being placed for Goods and MH GLOBAL processing
that order and taking payment, you will be contacted prior to your order being
processed with details of the new price.
6.6. All prices on the Website are shown exclusive
of Sales / Value Added Tax.
6.7. Sales Tax will be automatically applied to the
Sale.
7. Payment
7.1. Payment can be made by credit card or by
providing a purchase order number.
7.2. When paying by credit card, the User must
enter all required fields as shown on the checkout page. The credit card
details will be securely submitted to our payment service provider to complete
the transaction. If the payment is taken successfully, you will be taken to an
order confirmation page. If the payment fails, you will be returned to the
checkout page and be asked to re-enter your details. Should you continue to
encounter issues, please speak to our customer services team who will be able
to guide you through the checkout process.
7.3. The Website will accept the following local
online bank in transfer, credit cards; Visa, MasterCard, and Visa Debit. If you
would like to have an additional card payment type added to The Website, please
email the customer services team to see whether this is possible.
7.4. If paying by providing a purchase order
number, you must ensure that the PO number you enter is correct and valid.
7.5. When the Website team receives an order which
has been paid for by a PO, the order will be put on hold and our customer
services team will get in touch with you to confirm the PO number and to ask
for a copy of the PO to be submitted for our reference. MH GLOBAL reserves the
right to only process an order once the PO has been received.
7.6. MH GLOBAL will Invoice an order which has been
paid for by a PO as soon as the goods have been despatched.
7.7. Any and all invoices are due for payment on
the date shown on the invoice, unless alternative arrangements have been agreed
between the Purchaser and MH GLOBAL. Standard terms for the payment of an
Invoice are 30 days.
7.8 The Website team reserve the right to put new
orders on hold if a customer has an outstanding Invoice from MH GLOBAL which
has not yet been paid.
7.9 MH GLOBAL reserves the right to charge interest
on invoices which are outstanding by more than 60 days. Interest will be
charged on a daily basis at 2% above the base rate of the Bank of England
obtained at the time.
8. Processing Your Order
8.1. Once you have submitted your order, we will
send an email notification to you as confirmation that your order has been
received. Should you not receive this email confirmation, please contact our
customer services team who will be able to investigate what has happened and
give an update to your order.
8.2. Our Operations Team will review your order to
ensure that the order is accurate and correct. Our team will ensure the
products are still available, that the prices are correct, that delivery has
been calculated, correctly, that credit card payments have gone through or that
a valid purchase order number has been provided. If there are any issues with
the order our team will contact you within 24 hours (working days) to discuss
this and will work to resolve the problem as quickly as possible. Once any
issues have been resolved, the order will then be accepted and passed on to our
Warehouse for fulfilment and despatch.
8.3. You are able to correct errors on your order up
to the point at which you click on the button to place your order on the final
page of the checkout process. However, if you realise you have made a mistake
after the final submission of your order, please contact us our customer
services team and one of our advisors will be able to help make any required
changes.
8.4. The User acknowledges that any changes made to
an order after submission may incur additional charges. For example, if
additional items are added, the cost of delivery may change along with the
expected delivery timescales for your order. Our customer service
representative will make you aware of this at the time of discussing the
changes. MH GLOBAL reserves the right to put an order on hold until all changes
have been made and any additional payments are made. MH GLOBAL also reserves
the right to charge for administration costs incurred as a result of changes
being made to a submitted order.
8.5. Our customer service team will endeavour to
keep you updated through all the stages of processing your order, and should
there be a delay for any reason, our team will contact you to let you know what
has happened.
8.6. Depending on the size of your order, your
goods may be shipped in individually labelled boxes, or alternatively for
larger orders, good may come palletised. Our Warehouse will use their many
years of experience to determine the best way to ship the goods. If the size of
the delivery is a concern, or you would prefer to have goods shipped in a
particular way, it is your responsibility to contact us before the goods are
despatched to let us know how you would like the items to be shipped. If there
is any deviation from our normal shipping procedures that result in an
additional cost, then you will be liable for an additional payment to cover the
packing and delivery of your items.
8.7. MH GLOBAL will make every endeavour to
despatch your goods as soon as possible, and will work to get all orders
despatched within 24 hours (working days) of being received. Larger orders or
those which come in at the end of a business day make take slightly longer to
process.
8.8. Whilst our website is available to a global
audience, users should be aware that MH GLOBAL is a Malaysia based company, and
operating hours are between 08:00 and 18:00 +8GMT, Monday through to Friday.
Orders and queries received outside of these hours will be responded to on the
next working day.
9. Delivery
9.1. Delivery will be charged at the point of
order. Charges are calculated based on the number of products you order and the
weight and size of each of these. Our system will give you an estimate of the
delivery charge and we will take payment for this at the point of order. Most
delivery charges are accurate, but in a small number of scenarios such as when
a User is ordering a large quantity of items, the price of delivery will need
to be reviewed and an additional payment may be required.
9.2. Our customer services team will review the
delivery charge when the order is received and will contact you should any
further payment be required. MH GLOBAL reserves the right to put orders on hold
until delivery charges are paid in full.
9.3. All orders are delivered by one of our
preferred delivery partners, all of whom are well known professional courier
companies.
9.4. MH GLOBAL will notify you by way of email when
your goods are ready to be dispatched, and we will also provide you with an
anticipated delivery date. Where appropriate, you will be provided with a
tracking reference for your order with instructions on where to go to track the
delivery.
9.5. If on the delivery date you are not present to
take receipt of your goods, it will be your responsibility to contact the
courier to arrange an alternative delivery time. Once the goods have been
despatched and the tracking details provided, MH GLOBAL will have completed
their obligations for organising the delivery of the goods. If you need help in
contacting the courier, please contact our customer services team.
9.6. If MH GLOBAL receives no communication from
you, within 7 days of delivery, regarding any problems with the Goods, you are
deemed to have received the Goods in full working order and with no problems.
9.7. All orders are accepted based on a
"DAP" - Delivered at Place - basis. This means that MH GLOBAL will
arrange for carriage to the stated delivery address, but that the buyer remains
responsible for all costs related to import clearance.
9.8. If Goods are being ordered from outside MH GLOBAL’s country of residence, import duties and taxes may be incurred once the Goods reach their destination. MH GLOBAL is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If a Purchaser is buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures. The Purchaser of the Goods will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and MH GLOBAL gives no guarantee that the packaging of the Goods will be free of signs of tampering.
10. Right of Cancellation and Returns Policy
MH GLOBAL aims to always provide high quality Goods
that are fault free and undamaged. On occasion, however, goods may need to be
returned. Returns are governed by these Terms and Conditions.
10.1. If the Purchaser receives Goods which do not
match those ordered, unless accompanied by an explanatory note detailing the
changes, stating reasons for the changes and setting out your options, the
Purchaser should contact us within 10 working days to arrange collection and
return. MH GLOBAL is not responsible for paying shipment costs. The Purchaser
will be given the option to have the Goods replaced with those ordered (if
available) or to be refunded through the payment method used when the Goods
were purchased. Refunds and replacements will be issued upon our receipt of the
returned Goods.
10.2. If any Goods purchased have faults when they
are delivered, the Purchaser should contact MH GLOBAL within 30 working days to
arrange collection and return. MH GLOBAL is not responsible for paying shipment
costs. Goods must be returned in their original condition with all packaging
and documentation. Upon receipt of the returned Goods, the price of the Goods,
as paid, will be refunded through the payment method used when the Goods were
purchased.
10.3. If any Goods develop faults within their
warranty period, the Purchaser is entitled to a repair or replacement under the
terms of that warranty.
10.4. If Goods are damaged in transit and the damage is apparent on delivery, the Purchaser should sign the delivery note to the effect that the goods have been damaged. In any event, such damage should be reported to MH GLOBAL within 10 working days and arrange collection and return. MH GLOBAL is not responsible for paying shipment costs for using other transportation services (for purchase outside Klang Valley or under minimum quantity or East Malaysia). Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
10.5. If the Goods have been dispatched or have
reached you, but the Purchaser decides that they are no longer required, the
Goods can be returned to MH GLOBAL within 10 days of receipt. Goods can only be
returned for this reason if their packaging remains unopened and the Goods can
be re-sold, as new, without any additional work on the part of MH GLOBAL. The
Purchaser is responsible for paying shipment costs if Goods are returned for
this reason. Goods should be returned within 7 days of your cancellation
notice, and where possible, in its original packaging.
10.6. If the Purchaser wishes to return Goods to MH
GLOBAL for any of the above reasons, the Purchase should contact us using merchandisestore@mhglobal.com to make the appropriate arrangements.
10.7. MH GLOBAL reserves the right to exercise
discretion with respect to any returns under these Terms and Conditions.
Factors which may be taken into account in the exercise of this discretion
include, but are not limited to:
Such discretion to be exercised only within the
confines of the law.
10.8. It is suggested that all returns are sent via
recorded delivery to ensure that the goods arrive at our warehouse. You will be
responsible for the items should they get lost en-route. Appropriate packaging
materials should be used to ensure that there is no damage to the goods during
transit, as you will also be liable for the cost of any damage during
transportation.
10.9. For any bespoke product that is made
specifically for you, once payment is taken, no changes to the order or any
cancellation may be made, except in accordance with your legal rights.
Additionally, we will only accept returns in accordance with your legal rights;
for example, if there is a fault with your product, if the product has not been
manufactured as specified, or if the sizing of the product is incorrect.
10.10. If you are returning a bespoke product due
to a fault, or you believe it has not been made to the specification given by
you, we will re-make a new product to the correct specifications. The new
product will be manufactured once the original item has been returned, and your
new product will be despatched to you as soon as the manufacture process has
been completed. As per normal returns, made to measure products should be
returned in the original packaging using a recorded delivery service.
11. Property, Risk and Account of Profits
11.1. Title in Goods will not pass to the Purchaser
until the full purchase price for those Goods has been received by MH GLOBAL.
Title remains with MH GLOBAL until payment is complete.
11.2. If the Purchaser sells the Goods on to its
own customers in any form, either as purchased from MH GLOBAL or forming a
component part of a larger Good, and any amount of the purchase price payable
to MH GLOBAL remains outstanding, the Purchaser must account to MH GLOBAL for
the proceeds of such a sale. The Purchaser is then required to hold such
proceeds on trust for MH GLOBAL until payment has been received in full by MH
GLOBAL.
11.3. MH GLOBAL reserves the right to trace all
proceeds under the principles of Re Hallett’s Estate (1880) 13 Ch D 696. Once
the payment date has passed, if any sums remain outstanding, MH GLOBAL has the
right to enter the Purchaser’s premises and remove any Goods which, by virtue
of sub-Clause 11.1, remain the property of MH GLOBAL.
12. Use of Communication Facilities
12.1. When using the enquiry form or any other
System on the Website you should do so in accordance with the following rules:
12.2. You acknowledge that MH GLOBAL reserves the
right to monitor any and all communications made to us or using our System.
12.3. You acknowledge that MH GLOBAL may retain
copies of any and all communications made to us or using our System.
12.4. You acknowledge that any information you send
to us through our System or post on our site may be modified by us in any way
and you hereby waive your moral right to be identified as the author of such
information. Any restrictions you may wish to place upon our use of such
information must be communicated to us in advance and we reserve the right to
reject such terms and associated information.
13. Termination and Cancellation
13.1. Either MH GLOBAL or a User may terminate an
Account. If MH GLOBAL terminates your Account, you will be notified by email
and an explanation for the termination will be provided. Notwithstanding the
foregoing, we reserve the right to terminate without giving reasons.
13.2. If MH GLOBAL terminates an Account, any
current or pending purchases on your Account will be cancelled and will not be
dispatched.
13.3. MH GLOBAL reserves the right to cancel
purchases without stating reasons, for any reason prior to processing payment
and dispatch.
13.4. If purchases are cancelled for any reason
prior to dispatch Purchasers will be refunded any monies paid in relation to
those purchases.
13.5. If a User terminates their Account any
non-dispatched purchases will be cancelled and a full refund of any monies paid
in relation to those purchases will be paid through the payment method used
when the Goods were purchased.
13.6. If a User terminates their Account and has
any Invoices outstanding, the User will arrange for immediate payment of the
Invoice.
13.7. If a User leaves the employment of PETRONAS
or one of their partners, the User agrees to arrange for any outstanding
invoices to be submitted before their departure from employment.
14. Privacy
14.1. Use of the Website is also governed by
our Privacy Policy which is incorporated into
these terms and conditions by this reference. To view the Privacy Policy,
please click on the link above.
14.2. The Website places cookies onto your computer
or device. These cookies are used for the purposes described on our Cookie
Policy page. Full details of the cookies used by the Website and your legal
rights with respect to them are included in our Privacy Policy. By accepting
these terms and conditions, you are giving consent to MH GLOBAL to place
cookies on your computer or device. Please read the information contained in
the Privacy Policy prior to acceptance.
14.3. If you wish to opt-out of our placing cookies
onto your computer or device, please adjust your internet browser's settings to
restrict cookies as detailed in your internet browser's help menu. You may also
wish to delete cookies which have already been placed. For instructions on how doing
this, please consult your internet browser’s help menu or contact our customer
services team who will do our best to help you through this process.
15. Disclaimers
15.1. MH GLOBAL makes no warranty or representation
that the Website will meet your requirements, that it will be of satisfactory
quality, that it will be fit for a particular purpose, that it will not
infringe the rights of third parties, that it will be compatible with all
systems, that it will be secure and that all information provided will be
accurate. We make no guarantee of any specific results from the use of our
Services.
15.2. No part of this Website is intended to
constitute advice and the Content of this Website should not be relied upon
when making any decisions or taking any action of any kind.
15.3. No part of this Website is intended to
constitute a contractual offer capable of acceptance.
15.4. The Purchaser’s order constitutes a
contractual offer and our acceptance of that offer is deemed to occur upon our
sending a dispatch email to the Purchaser indicating that the order has been
fulfilled and has been dispatched.
15.5. Whilst MH GLOBAL uses reasonable endeavours
to ensure that the Website is secure and free of errors, viruses and other
malware, all Users are advised to take responsibility for their own security,
that of their personal details and their computers.
16. Changes to the Terms and Conditions
16.1. MH GLOBAL reserves the right to change the
Website, its Content or these Terms and Conditions at any time. Users and
Purchasers will be bound by any changes to the Terms and Conditions from the
first time the Website is used by them following the changes. If MH GLOBAL is
required to make any changes to the Terms and Conditions relating to sale of
Goods by law, these changes will apply automatically to any orders currently
pending in addition to any orders placed by Purchasers in the future.
17. Availability of the Service
17.1. The Service is provided “as is” and on an “as
available” basis. We give no warranty that the Service will be free of defects
and / or faults. To the maximum extent permitted by the law we provide no
warranties (express or implied) of fitness for a particular purpose, accuracy
of information, compatibility and satisfactory quality.
17.2. MH GLOBAL accepts no liability for any
disruption or non-availability of the Website resulting from external causes
including, but not limited to, ISP equipment failure, host equipment failure,
communications network failure, power failure, natural events, acts of war or
legal restrictions and censorship.
18. Limitation of Liability
18.1. To the maximum extent permitted by law, MH
GLOBAL accepts no liability for any direct or indirect loss or damage,
foreseeable or otherwise, including any indirect, consequential, special or
exemplary damages arising from the use of the Website or any information
contained therein. Users should be aware that they use the Website and its
Content at their own risk.
18.2. Nothing in these Terms and Conditions
excludes or restricts MH GLOBAL’s liability for death or personal injury
resulting from any negligence or fraud on the part of MH GLOBAL.
18.3. Nothing in these Terms and Conditions
excludes or restricts MH GLOBAL’s liability for any direct or indirect loss or
damage arising out of the incorrect delivery of Goods or out of reliance on
incorrect information included on the Website.
18.4. Whilst every effort has been made to ensure that
these Terms and Conditions adhere strictly with the relevant provisions of the Consumer
Protection Act 1999, in the event that any of these terms are found to be
unlawful, invalid or otherwise unenforceable, that term is to be deemed severed
from these Terms and Conditions and shall not affect the validity and
enforceability of the remaining terms and conditions. This term shall apply
only within jurisdictions where a particular term is illegal.
19. No Waiver
19.1. In the event that any party to these Terms
and Conditions fails to exercise any right or remedy contained herein, this
shall not be construed as a waiver of that right or remedy.
20. Previous Terms and Conditions
20.1. In the event of any conflict between these
Terms and Conditions and any prior versions thereof, the provisions of these
Terms and Conditions shall prevail unless it is expressly stated otherwise.
21. Third Party Rights
21.1. Nothing in these Terms and Conditions shall
confer any rights upon any third party. The agreement created by these Terms
and Conditions is between you and MH GLOBAL and its affiliates.
22. Notices
22.1. All notices / communications shall be given
to us either by post to our Premises (see address above) or by email to merchandisestore@mhglobal.com.
Such notice will be deemed received 3 days after posting if sent by first class
post, the day of sending if the email is received in full on a business day and
on the next business day if the email is sent on a weekend or public holiday.
22.2. If you have signed up for our newsletters, MH
GLOBAL will send you information about our products and/or services. If you do
not wish to receive such information, please click on the 'Unsubscribe' link in
any email which you receive from us.
23. Law and Jurisdiction
23.1. These Terms and Conditions and the
relationship between you and MH GLOBAL shall be governed by and construed in
accordance with the Laws of Malaysia and MH GLOBAL and you agree to submit to
the exclusive jurisdiction of the Judiciary of Malaysia.