WARRANTY, RETURNS & REFUNDS

Online Purchase Terms:

1. Acceptance of Terms

This site – www.sparexhub.com, ("site") is owned and operated by ACS Pentas (Asia) Sdn Bhd (1275799-X), (APASB) branded as SpareXHub (SXH, ‘we’, ‘us’). These terms and conditions apply to the users of this site. By signing up as a registered user, or making any purchase on this site, Buyer ("Buyer") agree to the following terms and our privacy policy.

2. Product Information

2.1 Accuracy
We endeavour to ensure that Product descriptions and specifications on the Site are accurate. However, Product descriptions and specifications on the site are based on information provided by manufacturers and suppliers, and we do not guarantee that the Site is accurate or free from errors or omissions. We reserve the right to make any necessary corrections.

2.2 Availability

1. Products are generally noted on the Site as being available, having limited availability or being sold out. Products which are sold out can be added to Buyer wish list, or Buyer can ask us to notify Buyer when the Product becomes available.
2. While Product availability information is updated at frequent intervals, we sell high volumes of stock and cannot guarantee availability. If Buyer Order contains a Product that is not available for immediate dispatch, we will contact Buyer to advise Buyer and give Buyer the option of:
   1. Cancelling Buyer Order, or deleting that Product from the Order, in which case we will refund Buyer for the price Buyer paid for the cancelled Product/s, and refund or adjust for any difference in delivery charges (if applicable); or
   2. Placing that Product on back order (if available), in which case we will dispatch the Product to Buyer when it becomes available (generally within 3 business days). Buyer must pay in full for the Product before we will place it on back order. We may however elect to cancel the back order for a Product if the Product becomes unavailable permanently or for an extended period, in which case we will refund Buyer for the price and any delivery charges Buyer paid for the Product, and any refunds will be issued within 5 business days, using the same method as Buyer original payment.

2.3 Images
We display images of each Product on the Site, some of which have been provided by manufacturers or suppliers. These images are for illustrative purposes only and do not form part of the description of the Product. The images are not of the actual unit of Product that will be dispatched to Buyer. There may be minor differences in packaging on some Products. Please be aware that colours appear differently on different monitors.

2.4 Pricing

1. Buyer acknowledge that despite our reasonable precautions, Product/s may be listed at an incorrect price, or with incorrect availability or other information, due to typographical errors or oversight. In such circumstances, we reserve the right to cancel Buyer Order, even if Buyer Order has been paid for and previously accepted by us. We will contact Buyer as soon as possible and immediately issue a full refund for any payment Buyer have made for the cancelled Order. We reserve this right up until we deliver the Product. Refunds will be issued within 5 business days, using the same method as Buyer original payment.
2. We may run discount offers or sales from time to time, but no additional discounts apply to any Products which are listed as 'Promotional Items'.

2.5 Please check before fitting a part

1. We strongly recommend that vehicle parts be fitted by suitably qualified professionals. Many Products are shipped without fitment instructions as they are intended for fitment by qualified professionals.
2. Laws and regulations differ in various jurisdictions, and we do not warrant that any Product is legal for use in Buyer jurisdiction, or safe for use with Buyer vehicle. Buyer are responsible for ensuring that Buyer use of the Product is appropriate and compatible with Buyer vehicle or other equipment and complies with all applicable laws and regulations in Buyer jurisdiction.

2.6 Search for parts that fit my vehicle

1. The Site offers a simple and advance parts filter search tools to assist Buyer in finding compatible products based on Buyer providing the make, model, category and specifications of a vehicle. In creating the search tool, we have relied on manufacturer supplied specifications and do not independently verify compatibility. To ensure best results, we strongly recommend that Buyer:
   1. Complete as much information as possible using the ‘Find my Part’ function, as even minor details can be crucial to accurate fitment; Our parts experts shall revert within 3 Business Days.
   2. Check each Product/Part upon receipt to confirm Buyer received the Product/Part Buyer ordered. If Buyer is unsure about the Product/Part Buyer received contact Us before fitting it. Any labour costs or damage caused will not be reimbursed for attempting to fit incorrect parts. Contact us immediately if Buyer have any queries; and
   3. Double check compatibility and all relevant measurements before beginning any mechanical work involving the Product (including preparing or dismantling any part of the vehicle).
2. If Buyer has purchased the wrong Product for Buyer vehicle, please contact us as soon as possible and we will try to identify and source the correct part for Buyer.
3. We will accept returns of Products within 7 Business Days of purchase, but only if they are returned with all components complete, undamaged and in resalable condition, with proof of purchase, subject to clauses 2.6(d), 2.6(e), 2.6(f), and 7. If Buyer returns a Product under this clause, we will (after verifying that the returned Product meets return requirements):
   1. Replace the original Product with the correct Product for Buyer vehicle (if available), and adjust for any price difference; or
   2. Give Buyer a full refund if no replacement Product is available, or if Buyer opt for a refund (including delivery cost). Buyer may be required to pay an additional amount if the replacement Product is more expensive than the original Product purchased, or Buyer can choose to opt for a refund (including delivery cost). Refunds will be issued within 5 business days using the same method as Buyer original payment.
4. If Buyer attempt to return a Product under clause 2.6(c) that is not returned with all components complete, undamaged, in resalable condition and with proof of purchase, Buyer will not be entitled to a refund or replacement. We may refuse to accept the return, and make it available for pickup, or require that Buyer pay for delivery costs before we ship the Product back to Buyer. We reserve the right to dispose of the item if Buyer have not either pick up the item or pay for delivery costs within 15 business days.
5. For all returns, if clause 2.6(d) does not apply (whether Buyer used the Search Functions or not), Buyer will be liable for all return costs including the delivery service and a restocking fee of 20%.
6. Other than as set out in this clause, we are not liable for any costs incurred as a result of Product incompatibility, including mechanic's fees, cost of additional parts or supplies, or repairs or damage to any vehicle.

3. Registering as a user

3.1 Setting up a registered user account
Buyer may set up a registered user profile at any time, free of charge. Becoming a registered user means that Buyer can access additional functionality on the Site, such as storing Buyer contact details, and details of multiple vehicles, to make it faster to find and purchase parts. By registering as a user, the Buyer:

1. Agree to keep Buyer Site login id and password confidential and secure, and not disclose it to anyone.
2. Warrant that Buyer Profile:
   1. Is true and submitted in good faith; and
   2. Is Buyer own and not that of another person or business.
3. if registering on behalf of a company, Buyer represent and warrant that Buyer is/are authorised to bind that company to these terms.

3.2 Managing Buyer registered user account

1. Buyer can manage Buyer account preferences by logging into Buyer account on the Site.
2. If Buyer subscribe to our mailing list, we may send Buyer information and special offers from our store and affiliates. Buyer can unsubscribe at any time.

3.3 Registered user account cancellations

1. Buyer may cancel Buyer registered user account at any time for any reason, by emailing us at sales2@sparexhub.com. Please allow up to 5 business days for us to process Buyer deregistration request.
2. We reserve the right to cancel Buyer registered user account at any time for any reason.
3. If a registered user account is cancelled for any reason, any personal information associated with that registered user account will be deleted. However, we may retain user data in de-identified form for statistical reporting purposes.

4. Buyer Rights and Obligations

1. Buyer agree to:
   1. Comply with this agreement; and
   2. Comply with our privacy policy and any other user policy we publish on the Site from time to time; and
   3. Use the Site in good faith.
2. Buyer warrant that the information Buyer have supplied to us is correct and current, and that Buyer are over 18 years of age.
3. Buyer must complete payment online at the time of ordering.
4. Buyer must not extract from the Site for commercial purposes without our written consent.

5. Orders

5.1 Placing an order

1. The display of any items or promotions on the Site is an advertisement or offer to treat and not an offer. By placing an order (order), Buyer are making an offer to buy subject to this agreement.
2. Buyer order is accepted by us when we process Buyer payment, which results in a binding contract between Buyer and us. Buyer will receive e-mails confirming that each Product in Buyer Order has been paid for and dispatched (Confirmation of Payment and Dispatch).

5.2 Delivery standards

1. All Products are dispatched from our warehouse or from our suppliers (who are generally within Malaysia) and sent via various delivery services.
2. Orders being delivered to countries other than Malaysia may be subject to customs regulations or additional taxes such as import duty. We strongly recommend Buyer check local laws carefully before ordering as Buyer may be liable for additional costs or delays.
3. We will endeavour to dispatch all Orders within 3 business days within Malaysia where possible, once we have confirmed receipt of payment. However, all dispatch times and delivery times are estimates only. We are not liable for late delivery or mis-delivery caused by factors outside our control.
4. Items may be delivered to Buyer in more than one shipment where they are fulfilled from different locations or directly from our suppliers.
5. Buyer may grant us or the delivery service an 'authority to leave' when placing Buyer Order. If Buyer do, Buyer agree that this authority to leave gives the delivery services we use permission to leave the Products unattended at the delivery address without obtaining a signature confirming delivery. Delivery is then deemed to be completed, and the Products are at Buyer sole risk. Please note that despite having an authority to leave, our delivery service may at its discretion decide that it is not safe or appropriate to leave the Products unattended.
6. We may not be able to deliver to some locations, and some Products are limited in delivery locations. If this is the case, we will inform Buyer using the contact details that Buyer provide to us when Buyer make Buyer Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
7. We will not process Buyer Order where:
   1. Buyer have supplied invalid payment or delivery details.
   2. Payment is delayed or rejected.
8. If Buyer supply incorrect payment or delivery details, we:
   1. Reserve the right to change or alter an address to the closest matching address on Malaysia Postal databases; or
   2. May take reasonable steps to contact Buyer using the personal details Buyer have provided.
   However, we will not be held responsible for not fulfilling Buyer Order, nor for being unable to advise Buyer that this is the case.
9. If a Product is returned to us marked 'Return to Sender' because Buyer have supplied us with an incorrect address, or Buyer have failed to collect the Product in a timely manner after being provided with a delivery slip, then:
   1. We will contact Buyer to arrange for redelivery; and
   2. We may require payment of applicable delivery costs before attempting redelivery.

5.3 Loss or damage in transit

1. Buyer should check the Product carefully for damage before signing the delivery docket. Once Buyer have accepted delivery of the Product as being undamaged, Buyer may not be able to make a claim for loss or damage in transit.
2. To make a claim for loss or damage in transit Buyer must email us at sales2@sparexhub.com as soon as Buyer become aware that the Product may have been damaged or lost in transit. Buyer will be asked to provide evidence of the damage (eg photos). We will ask our delivery service to investigate any lost items, and their records are prima facie evidence of delivery status.
3. Buyer authorise us to complete any forms or take any action necessary for lodging a claim with the relevant delivery service or insurance company to make a claim for compensation for loss or damage in transit.
4. Once we have verified that the Product has been lost or damaged in transit, we may at our sole discretion:
   1. Send Buyer a replacement Product, at our cost; or
   2. Refund Buyer for the price Buyer paid for the Product, plus delivery costs. Refunds will be issued within 5 business days, using the same method as Buyer original payment.
5. Buyer must take care when opening the Product so as not to damage it, particularly when using any sharp instruments. We will not accept any claim for loss or damage in transit where the Product has been damaged by Buyer own actions in opening the Product.

5.4 Cancelling an order

1. To cancel an order Buyer must email (sales2@sparexhub.com) or whatsapp us immediately on +6018 205 0120. Please note that while we monitor emails and our messages, we cannot always attend immediately to emails. We cannot cancel orders once the Product has been dispatched.
2. If Buyer cancel an Order under this clause, we will issue a full refund of any payment Buyer made for the Order, using the same method as Buyer original payment, within 5 business days.

5.5 Technical support
If for any reason Buyer are unable to complete Buyer purchase successfully, please contact our technical support at sales2@sparexhub.com.

6. Payment

1. Unless otherwise noted, the prices stated on the Site are in Malaysian Ringgit and are inclusive of GST (where payable). Delivery charges are separately calculated and will be displayed prior to payment being required.
2. Where applicable, Buyer must pay all expenses, import duties, levies or import, sales, transaction, use, excise, gross receipts, value added, property or other taxes, fines or duties of any kind applicable to the Product. These charges may be separately levied on Buyer by the applicable authority.
3. Buyer is solely liable for any additional costs or penalties incurred as a result of late payment, or storage, abandonment, disposal or other fees, fines or expenses incurred as result of Buyer delay in picking up a Product from a depot or delivery centre after receiving a delivery slip.
4. We will not consider any order accepted, and will not dispatch any Product, without receiving payment in full.
5. Buyer undertake and warrant that all details Buyer provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which Buyer use is Buyer own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of Buyer payment details before providing Buyer with the Product.
6. If Buyer payment is dishonored or reversed for any reason, Buyer must immediately make the payment again. We reserve the right to delay processing Buyer order or delivering the Product until we receive full payment.

• If Buyer payment is dishonored or reversed for any reason after the Product has been delivered, then without prejudice to any other right or remedy, we may recover the price of the Product together with any other expenses we have incurred, from Buyer as a liquidated debt in a court of tribunal of competent jurisdiction irrespective of any claim that Buyer may have against us for any thing or matter related to the Product.

7. Returns, Exchange and Refund Policy

7.1 Returns
Buyer can contact us (see Clause 7.2, (c)) to return any Product within 7 days of purchase, subject to clause 2.6(c).

7.2 Faulty Products

1. Buyer can return a Product to us if it's faulty, incorrectly described, not of acceptable quality or unsafe.
2. If Buyer returns an item to us due to anything under clause 7.1, we may choose between an exchange, repair or refund.
3. To request an exchange, repair or refund, please email (sales2@sparexhub.com) or whatsapp us immediately on +6018 205 0120. Please note that while we monitor emails and our messages, we cannot always attend immediately to messages or emails. We reserve our right to refuse Buyer request if:
   1. The Product has been thrown away, destroyed, lost, or damaged through no fault of ours
   2. The Product has been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions
   3. The Product has been involved in any accident or damage caused by an incorrect attempt at modification or repair
   4. The Product has been involved in any accident or damage caused by an incorrect attempt at modification or repair
   5. The Product has deteriorated through normal wear and tear or
   6. Too much time has passed, where time runs from the date of supply until the fault or problem would reasonably be expected to appear.
4. Refunds will be issued within 5 business days, using the same method as Buyer original payment.

8. Intellectual Property Rights

The material on the Site is protected under Malaysian and international copyright and other laws governing protection of Intellectual Property rights. Intellectual Property rights in images, trademarks and other content on the Site are owned by their respective owners. Buyer must not deal with the material on the Site in any way which infringes on the content owner's Intellectual Property rights without separate written permission from the content owner.

9. Limitation of Liability and Indemnity

9.1 Warranties

1. We warrant that the Products are fit for their usual purpose, are merchantable and meet any description we have provided. All other conditions, warranties and representations, except those which are non-excludable in law, are excluded.
2. Buyer warrant that Buyer have exercised Buyer own judgement as to the suitability of the Product for Buyer purposes.
3. Where applicable, we warrant the Products with a range of warranties pending individual product ranges and manufacturers. Manufacturers warranty details may change or vary over time, see website, purchase details or packing for warranty information.
4. The Warranty applies in addition to the guarantees, rights and remedies conferred by the Malaysian Consumer Law. The Warranty Terms and Conditions do not exclude, affect or limit those guarantees, rights or remedies, except to the extent that their application may lawfully be excluded or limited. Buyer is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. Buyer is also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

9.2 Responsibility for Own Actions
Buyer agree to release and hold harmless, indemnify and defend us and our Indemnified Officers against any Claim or Liability from or in relation to:

1. Buyer own negligence or malpractice, or reckless or intentional misconduct, and
2. Buyer own failure to perform Buyer obligations and responsibilities under this agreement.
3. Any modification or misuse of any Product by Buyer or anyone acting on Buyer behalf;
4. Any acts or omissions of anyone whom Buyer allowed to access the Site using Buyer login id and password, whether deliberately or otherwise;
5. Buyer breach of Buyer warranties or obligations under this agreement; or
6. Any reasonable legal expenses we incur as a result of Buyer breach of this agreement, including expenses for enforcing payment, on a solicitor and own-client basis.

9.3 Limitation of Liability

1. In performing any obligation under this agreement, our only duty is to exercise reasonable care and skill.
2. To the fullest extent allowable at law:
   1. We only accept liability to Buyer as set out in this clause 9, or as required by consumer or other laws which cannot be excluded by contract;
   2. The information, services and material contained on this Site are provided on an "as is" basis. We disclaim all representations and warranties, express or implied (other than those set out in these Terms of Use), with respect to such information, services and materials, whether provided by us, third party contractors or other users;
   3. Our liability, and liability of our Indemnified Officers under this agreement is limited to (at our election):
      1. Replacing the Product with the same or equivalent Product; or
      2. Repairing the Product; or
      3. A refund of the amount Buyer paid us for the Product.
   4. We are not liable for any loss or damage, whether direct or indirect, arising from faulty design or manufacture of the Product, other than for Products we have manufactured;
   5. We are not liable for Consequential Loss in relation to any Product, however arising;
   6. We hold the title in the Product and will bear the risk of any damage to or theft or loss of Product during transport to the delivery address. Title and risk in the Product passes to Buyer on delivery. We are not liable for any loss, theft or damage to the Product after delivery;
   7. We will not be liable if Buyer have failed to follow instructions for use of the Product, modified the Product or used the Product for an unintended purpose;
   8. We are not liable to Buyer for errors in the information Buyer provide to us; and
   9. We are not liable for default or failure in performance of our obligations under this agreement resulting directly or indirectly from the actions of suppliers, delivery services or any other circumstances caused by factors beyond our reasonable control, whether or not caused through any act or inaction by us, our employees, agents or independent contractors, or through any other cause.
   10. Despite any other provision to the contrary, Buyer agree that our total liability in connection with this agreement will not in any circumstances will be the lessor of:
       1. RM100; or
       2. The price of the Product in dispute.
3. The limitation of liability under clause 9.3(b)(x) has effect in relation both to any Liability expressly provided for under this agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this agreement.

10. General

10.1 Enduring clauses
The parties' rights and obligations under clauses 2.5, 7, 8, 9 and 10.2 will survive the termination of this agreement for whatever reason.

10.2 Jurisdiction
The laws of Malaysia apply to this agreement and the parties submit exclusively to the courts of that jurisdiction.

10.3 Severability
If any provision of this agreement is ruled by a court to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision or part provision of this agreement.

10.4 Waiver
Any delay or failure to enforce any rights in relation to a breach by the other party will not be construed as a waiver of those rights.

10.5 Entire Agreement
This agreement and Buyer order contain the entire agreement between the parties and supersedes all previous negotiations or agreements in relation to the subject matter of this agreement.

11. Definitions and Interpretation

11.1 Definitions
In this agreement:

1. Business Day means a day (other than a Saturday or Sunday) upon which banks are ordinarily open for business in Malaysia.
2. Claim means any claim notice, demand, investigation, action, proceeding, litigation, or judgment however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort (including negligence) or statute and whether involving a party to this agreement or third party.
3. Consequential Loss includes, without limitation:
4. Indemnified Officers means, in relation to a party, its directors, employees, contractors, agents and representatives.
5. Intellectual Property means all intellectual property rights, including copyright, inventions, patents (including patent applications), trade marks (whether registered or not), designs (whether registrable or not), domain name licences, and includes the right to register any intellectual property rights.
6. Liability means any liability (whether actual or prospective), loss, damage, cost or expense of any description, including legal fees on a solicitor and own client basis.
7. Product means an item available for purchase on the Site.
8. Site means the website which may be accessed at www.sparexhub.com or any subdomain variation.
9. Non-generic products means the products that due to their nature can be used or adapted to a great number of vehicles.
10. Fitment notes and warnings means one or more displayed statements or queries that require a full manual review by the customer to confirm if the product will fit prior to proceeding with an agreement to purchase. In this case, agreement to purchase places the responsibility of accurate fitment onto the customer/purchaser under clause 2.6(f).
11. Fitment products means products that may fit subject to customer/purchaser manual review and confirmation of accuracy prior to purchase under clause 2.6(f).
12. Redelivery means the reattempted movement of Buyer parcel(s) from an APASB parts warehouse or 3rd party premises to the destination provided at time of ordering. Redelivery may incur additional delivery costs subject to clause 5.2(i).
13. Simple and Advance Search means our parts filter search tool that is used to display parts that are based on the required number of specifications being entered. Users can select their vehicle attributes (like make, model, series, category etc) to verify information and locate products that will match their vehicle, provided that the given information is correct.

11.2 Interpretation
Nothing in this agreement shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified.