Welcome to the thyehincomputer.com website. Please read these terms and
access of the Platform (defined below) and the use of the Services. By
accessing the Platform and/or using the Services, you agree to be bound
access and/or use this Platform or the Services.
Access to and use of password protected and/or secure areas of the
Platform and/or use of the Services are restricted to Customers with
accounts only. You may not obtain or attempt to obtain unauthorised
access to such parts of this Platform and/or Services, or to any other
protected information, through any means not intentionally made
available by us for your specific use.
If you are below 18 years old: you must obtain consent from your
and their agreement to take responsibility for: (i) your actions; (ii)
any charges associated with your use of any of the Services or purchase
of Products; and (iii) your acceptance and compliance with these Terms
of Use. If you do not have consent from your parent(s) or legal
guardian(s), you must stop using/accessing this Platform and using the
1. Definitions & Interpretation
Unless otherwise defined, the definitions and provisions in respect
of interpretation set out in Schedule 1 will apply to these Terms of
2. General use of Services and/or access of Platform
2.1 Guidelines to the use of Platform and/or Services: You agree to
comply with any and all the guidelines, notices, operating rules and
policies and instructions pertaining to the use of the Services and/or
access to the Platform, as well as any amendments to the aforementioned,
issued by us, from time to time. We reserve the right to revise these
guidelines, notices, operating rules and policies and instructions at
any time and you are deemed to be aware of and bound by any changes to
the foregoing upon their publication on the Platform.
2.2 Restricted activities: You agree and undertake NOT to:
- (a) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
- (b) use the Platform or Services for illegal purposes;
- (c) attempt to gain unauthorized access to or otherwise interfere or
disrupt other computer systems or networks connected to the Platform or
- (d) post, promote or transmit through the Platform or Services any Prohibited Materials;
- (e) interfere with another’s utilization and enjoyment of the Platform or Services;
- (f) use or upload, in any way, any software or material that
contains, or which you have reason to suspect that contains, viruses,
damaging components, malicious code or harmful components which may
impair or corrupt the Platform’s data or damage or interfere with the
operation of another Customer’s computer or mobile device or the
Platform or Services; and
- (g) use the Platform or Services other than in conformance with the
acceptable use policies of any connected computer networks, any
applicable Internet standards and any other applicable laws.
2.3 Availability of Platform and Services: We may, from time to
time and without giving any reason or prior notice, upgrade, modify,
suspend or discontinue the provision of or remove, whether in whole or
in part, the Platform or any Services and shall not be liable if any
such upgrade, modification, suspension or removal prevents you from
accessing the Platform or any part of the Services.
2.4 Right, but not obligation, to monitor content: We reserve the right, but shall not be obliged to:
- (a) monitor, screen or otherwise control any activity, content or
material on the Platform and/or through the Services. We may in our sole
and absolute discretion, investigate any violation of the terms and
conditions contained herein and may take any action it deems
- (b) prevent or restrict access of any Customer to the Platform and/or the Services;
- (c) report any activity it suspects to be in violation of any
applicable law, statute or regulation to the appropriate authorities and
to co-operate with such authorities; and/or
- (d) to request any information and data from you in connection with
your use of the Services and/or access of the Platform at any time and
to exercise our right under this paragraph if you refuse to divulge such
information and/or data or if you provide or if we have reasonable
grounds to suspect that you have provided inaccurate, misleading or
fraudulent information and/or data.
2.6 Terms & Conditions of Sale: Purchases of any Product would be subject to the Terms & Conditions of Sale.
specific aspects of the Materials and Services, more comprehensive or
updated versions of the Materials offered by us or our designated
sub-contractors, may be subject to additional terms and conditions,
which will apply in full force and effect.
3. Use of Services
3.1 Application of this Clause: In addition to all other terms and
the additional specific terms and conditions governing your use of the
3.2 Restrictions: Use of the Services is limited to authorised
Customers that are of legal age and who have the legal capacity to enter
into and form contracts under any applicable law. Customers who have
breached or are in breach of the terms and conditions contained herein
and Customers who have been permanently or temporarily suspended from
use of any of the Services may not use the Services even if they satisfy
the requirements of this Clause 3.2.
- (a) to access and/or use the Services only for lawful purposes and
in a lawful manner at all times and further agree to conduct any
activity relating to the Services in good faith; and
- (b) to ensure that any information or data you post or cause to
appear on the Platform in connection with the Services is accurate and
agree to take sole responsibility for such information and data.
3.4 Product description: While we endeavour to provide an accurate
description of the Products, we do not warrant that such description is
accurate, current or free from error.
3.5 Prices of Products: All Listing Prices are subject to taxes,
unless otherwise stated. We reserve the right to amend the Listing
Prices at any time without giving any reason or prior notice.
3.6 Third Party Vendors: You acknowledge that parties other
than thyehincomputer.com (i.e. Third Party Vendors or Sellers) list and sell
the Platform. Whether a particular Product is listed for sale on the
Platform by thyehincomputer.com or a Third Party Vendor may be stated on the
listing that Product. For the avoidance of doubt, each agreement entered
into for the sale of a Third Party Vendor’s Products to a Customer
shall be an agreement entered into directly and only between the Third
Party Vendor and the Customer.
4. Customers with thyehincomputer.com accounts
4.1 Username/Password: Certain Services that may be made available
on the Platform may require creation of an account with us or for you to
provide Personal Data. If you request to create an account with us, a
Username and Password may either be: (i) determined and issued to you by
us; or (ii) provided by you and accepted by us in our sole and absolute
discretion in connection with the use of the Services and/or access to
the relevant Platform. We may at any time in our sole and absolute
discretion, request that you update your Personal Data or forthwith
invalidate the Username and/or Password without giving any reason or
prior notice and shall not be liable or responsible for any Losses
suffered by or caused by you or arising out of or in connection with or
by reason of such request or invalidation. You hereby agree to change
your Password from time to time and to keep the Username and Password
confidential and shall be responsible for the security of your account
and liable for any disclosure or use (whether such use is authorised or
not) of the Username and/or Password. You should notify us immediately
if you have knowledge that or have reason for suspecting that the
confidentiality of the Username and/or Password has been compromised or
if there has been any unauthorised use of the Username and/or Password
or if your Personal Data requires updating.
4.2 Purported use/access: You agree and acknowledge that any use of
the Services and/or any access to the Platform and any information,
data or communications referable to your Username and Password shall be
deemed to be, as the case may be:
- (a) access to the relevant Platform and/or use of the Services by you; or
- (b) information, data or communications posted, transmitted and validly issued by you.
- You agree to be bound by any access of the Platform and/or use of
any Services (whether such access or use are authorised by you or not)
and you agree that we shall be entitled (but not obliged) to act upon,
rely on or hold you solely responsible and liable in respect thereof as
if the same were carried out or transmitted by you. You further agree
and acknowledge that you shall be bound by and agree to fully indemnify
us against any and all Losses attributable to any use of any Services
and/or or access to the Platform referable to your Username and
5. Intellectual property
5.1 Ownership: The Intellectual Property in and to the Platform and
the Materials are owned, licensed to or controlled by us, our licensors
or our service providers. We reserve the right to enforce its
Intellectual Property to the fullest extent of the law.
5.2 Restricted use: No part or parts of the Platform, or any
Materials may be reproduced, reverse engineered, decompiled,
disassembled, separated, altered, distributed, republished, displayed,
broadcast, hyperlinked, mirrored, framed, transferred or transmitted in
any manner or by any means or stored in an information retrieval system
or installed on any servers, system or equipment without our prior
written permission or that of the relevant copyright owners. Subject to
Clause 5.3, permission will only be granted to you to download, print or
use the Materials for personal and non-commercial uses, provided that
you do not modify the Materials and that we or the relevant copyright
owners retain all copyright and other proprietary notices contained in
5.3 Trademarks: The Trademarks are registered and unregistered
trademarks of us or third parties. Nothing on the Platform and in these
or otherwise, any license or right to use (including as a meta tag or as
a “hot” link to any other website) any Trademarks displayed on the
Services, without our written permission or any other applicable
6. Our limitation of responsibility and liability
6.1 No representations or warranties: The Services, the Platform
and the Materials are provided on an “as is” and “as available” basis.
All data and/or information contained in the Platform, the Services or
the Materials are provided for informational purposes only. No
representations or warranties of any kind, implied, express or
statutory, including the warranties of non-infringement of third party
rights, title, merchantability, satisfactory quality or fitness for a
particular purpose, are given in conjunction with the Platform, the
Services or the Materials. Without prejudice to the generality of the
foregoing, we do not warrant:
- (a) the accuracy, timeliness, adequacy, commercial value or
completeness of all data and/or information contained in the Platform,
the Services or the Materials;
- (b) that the Platform, the Services or that any of the Materials
will be provided uninterrupted, secure or free from errors or omissions,
or that any identified defect will be corrected;
- (c) that the Platform, the Services or the Materials are free from
any computer virus or other malicious, destructive or corrupting code,
agent, program or macros; and
- (d) the security of any information transmitted by you or to you
through the Platform or the Services, and you accept the risk that any
information transmitted or received through the Services or the Platform
may be accessed by unauthorised third parties and/or disclosed by us or
our officers, employees or agents to third parties purporting to be you
or purporting to act under your authority. Transmissions over the
Internet and electronic mail may be subject to interruption,
transmission blackout, delayed transmission due to internet traffic or
incorrect data transmission due to the public nature of the Internet.
6.2 Exclusion of liability: thyehincomputer.com Indemnitees shall not be liable
to you for any Losses whatsoever or howsoever caused (regardless of the
form of action) arising directly or indirectly in connection with:
- (a) any access, use and/or inability to use the Platform or the Services;
- (b) reliance on any data or information made available through the
Platform and/or through the Services. You should not act on such data or
information without first independently verifying its contents;
- (c) any system, server or connection failure, error, omission,
interruption, delay in transmission, computer virus or other malicious,
destructive or corrupting code, agent program or macros; and
- (d) any use of or access to any other website or webpage linked to
the Platform, even if we or our officers or agents or employees may have
been advised of, or otherwise might have anticipated, the possibility
of the same.
6.3 At your own risk: Any risk of misunderstanding, error, damage,
expense or Losses resulting from the use of the Platform is entirely at
your own risk and we shall not be liable therefor.
7. Hyperlinks, and alerts
7.1 Hyperlinks: For your convenience, we may include hyperlinks to
other websites or content on the Internet that are owned or operated by
third parties. Such linked websites or content are not under our control
and we are not liable for any errors, omissions, delays, defamation,
libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy
or any other objectionable material contained in the contents, or the
consequences of accessing, any linked website. Any hyperlinks to any
other websites or content are not an endorsement or verification of such
websites or content and you agree that your access to or use of such
linked websites or content is entirely at your own risk.
7.2 Promotions: We may attach banners, java applets and/or such
other materials to the Platform for the purposes of promoting our or our
Third Party Vendors’ products and/or services. For the avoidance of
doubt, you shall not be entitled to receive any payment, fee and/or
commission in respect of any such promotional materials.
8. Your submissions and information
8.1 Submissions by you: You grant us a non-exclusive licence to use
the materials or information that you submit to the Platform and/or
provide to us, including but not limited to, questions, reviews,
comments, and suggestions (collectively, “Submissions”). When you post
comments or reviews to the Platform, you also grant us the right to use
the name that you submit or your Username 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, publish, remove or edit your Submissions.
8.2 Consent to receive e-mails: You give your full, free, and
unequivocal consent and authority to the collection, processing and use
by us of any information provided by you (including Personal Data) for
the purposes of sending informational and promotional e-mails and any
and all communications, notices, updates and other information to you,.
Your agreement to the provisions of this Clause 8.2 shall constitute
your consent for the purpose of the provisions of any spam control laws
(whether in Malaysia or elsewhere). You may subsequently opt out of
receiving promotional e-mails by clicking on the appropriate hyperlink
in any promotional e-mail.
8.3 thyehincomputer.com may, from time to time, be required by government
agencies to disclose certain information in connection with any audit or
investigation. You understand that we are not required to contest any
demand made by an (government) authority for such information.
9.1 Termination by us: In our sole and absolute discretion, we may
with immediate effect, upon giving you notice, terminate your use of the
Platform and/or Services and/or disable your Username and Password. We
may bar access to the Platform and/or Services (or any part thereof) for
or where if we believe that you have violated or acted inconsistently
with any terms or conditions set out herein, or if in our opinion or the
opinion of any regulatory authority, it is not suitable to continue
providing the services relating to the Platform.
10.1 Notices from us: All notices or other communications given to you if:
- (a) communicated through any print or electronic media as we may
select will be deemed to be notified to you on the date of publication
or broadcast; or
- (b) sent by post or left at your last known address will be deemed
to be received by you on the day following such posting or on the day
when it was so left.
10.2 Notices from you: You may only give notice to us in writing
sent to our designated address or e-mail address, and we shall be deemed
to have received such notice only upon receipt. While we endeavour to
respond promptly to notices from you, we cannot guarantee that we will
always respond with consistent speed.
10.3 Other modes: Notwithstanding Clauses 10.1 and 10.2, we may
from time to time designate other acceptable modes of giving notices
(including but not limited to e-mail or other forms of electronic
communication) and the time or event by which such notice shall be
11.1 Cumulative rights and remedies: Unless otherwise provided
without prejudice and in addition to any rights or remedies we may have
in law or in equity, and no exercise by us of any one right or remedy
equity) operate so as to hinder or prevent our exercise of any other
such right or remedy as at law or in equity.
constitute a waiver of these terms, and such failure shall not affect
entitled to use our rights and remedies in any other situation where you
11.3 Severability: If at any time any provision of these Terms of
Use shall be or shall become illegal, invalid or unenforceable in any
respect, the legality, validity and enforceability of the remaining
provisions of this Agreement shall not be affected or impaired thereby,
and shall continue in force as if such illegal, invalid or unenforceable
11.4 Rights of third parties: A person or entity who is not a party
whether such person or entity has been identified by name, as a member
of a class or as answering a particular description. For the avoidance
of doubt, nothing in this Clause shall affect the rights of any
11.5 Governing law: Use of the Platform and/or the Services and
Malaysia law and you hereby submit to the exclusive jurisdiction of the
Malaysia Courts. . Except as provided in the preceding sentence, any
dispute, controversy, or claim arising out of or relating to this terms
and conditions, or the breach, termination or invalidity thereof shall
be settled through arbitration under Republic Act 9285 or the
Alternative Dispute Resolution Act of 2004.
11.6 Injunctive relief: We may seek immediate injunctive relief if
we make a good faith determination that a breach or non-performance is
such that a temporary restraining order or other immediate injunctive
relief is the only appropriate or adequate remedy.
11.7 Amendments: We may by notice through the Platform or by such
other method of notification as we may designate (which may include
notification by way of e-mail), vary the terms and conditions of these
through the above means. If you use the Platform or the Services after
such date, you are deemed to have accepted such variation. If you do not
accept the variation, you must stop access or using the Platform and
exercised without the consent of any person or entity who is not a party
11.8 Correction of errors: Any typographical, clerical or other
error or omission in any acceptance, invoice or other document on our
part shall be subject to correction without any liability on our part.
translated in any language other than English (“Foreign Language
govern and shall take precedence over the Foreign Language Version.
entire agreement between you and us relating to the subject matter
hereof and supersedes and replaces in full all prior understandings,
communications and agreements with respect to the subject matter hereof.
11.12 Binding and conclusive: You acknowledge and agree that any
records (including records of any telephone conversations relating to
the Services, if any) maintained by us or our service providers relating
to or in connection with the Platform and Services shall be binding and
conclusive on you for all purposes whatsoever and shall be conclusive
evidence of any information and/or data transmitted between us and you.
You hereby agree that all such records are admissible in evidence and
that you shall not challenge or dispute the admissibility, reliability,
accuracy or the authenticity of such records merely on the basis that
such records are in electronic form or are the output of a computer
system, and you hereby waive any of your rights, if any, to so object.
11.13 Sub-contracting and delegation: We reserve the right to
delegate or sub-contract the performance of any of our functions in
connection with the Platform and/or Services and reserve the right to
use any service providers, subcontractors and/or agents on such terms as
we deem appropriate.
11.14 Assignment: You may not assign your rights under these Terms
of Use without our prior written consent. We may assign our rights under
11.15 Force Majeure: We shall not be liable for non-performance,
error, interruption or delay in the performance of its obligations under
unreliability or unsuitability of the Platform's and/or Services’
contents if this is due, in whole or in part, directly or indirectly to
an event or failure which is beyond our reasonable control.
12. Voucher Terms & Conditions
The following terms and conditions (T&Cs) apply to your use and
redemption of promotional vouchers or voucher codes, where such
vouchers are offered for no consideration.
Definitions and Interpretation
1. Definitions. Unless the context
otherwise requires, the following expressions shall have the following
1.1 “Customer” has the same meaning as in the Terms & Conditions of Sale.
1.2 “Intellectual Property” means all copyright, patents, utility
innovations, trademarks and service marks, geographical indications,
domain names, layout design rights, registered designs, design rights,
database rights, trade or business names, rights protecting trade
secrets and confidential information, rights protecting goodwill and
reputation, and all other similar or corresponding proprietary rights
and all applications for the same, whether presently existing or created
in the future, anywhere in the world, whether registered or not, and
all benefits, privileges, rights to sue, recover damages and obtain
relief or other remedies for any past, current or future infringement,
misappropriation or violation of any of the foregoing rights.
1.3 “thyehincomputer.com Indemnitees” means thyehincomputer.com and all of
its respective officers, employees, directors, agents, contractors and
1.4 “thyehincomputer.com”, “we”, “our” and “us” refer to thyehincomputer.com, a company incorporated pursuant to the laws of Malaysia
under registration number 002269150-X and having its registered address
at L&G Office Supplies, 6G, Jalan Pandan 2/1, Pandan Jaya 55100 Kuala Lumpur..
1.5 “Listing Price” means the price of Products listed for sale to Customers, as stated on the Platform.
1.6 “Losses” means all penalties, losses, settlement sums, costs
(including legal fees and expenses on a solicitor-client basis),
charges, expenses, actions, proceedings, claims, demands and other
liabilities, whether foreseeable or not.
1.7 “Materials” means, collectively, all web pages on the Platform,
including the information, images, links, sounds, graphics, video,
software, applications and other materials displayed or made available
on the Platform and the functionalities or services provided on the
1.8 “Order” means your order for Products sent through the Platform in accordance with the Terms & Conditions of Sale.
1.9 “Password” refers to the valid password that a Customer who has
an account with thyehincomputer.com may use in conjunction with the Username to
access the relevant Platform and/or Services.
1.10 “Personal Data” means data, whether true or not, that can be
used to identify, contact or locate you. Personal Data can include your
name, e-mail address, billing address, shipping address, phone number
and credit card information. “Personal Data” shall be deemed to include
any data that you have provided to us when placing an Order, regardless
of whether you have an account with us.
1.11 “Platform” means (a) both the web and mobile versions of the
website operated and/or owned by thyehincomputer.com which is presently located at
the following URL: www.thyehincomputer.com; and (b) the mobile applications made
available from time to time by thyehincomputer.com, including the iOS and Android
1.13 “Product” means a product (including any installment of the
product or any parts thereof) available for sale to Customers on the
1.14 “Prohibited Material” means any information, graphics, photographs, data and/or any other material that:
- (a) contains any computer virus or other invasive or damaging code, program or macro;
- (a) infringes any third-party Intellectual Property or any other proprietary rights;
- (b) is defamatory, libellous or threatening;
- (c) is obscene, pornographic, indecent, counterfeited, fraudulent,
stolen, harmful or otherwise illegal under the applicable law; and/or
- (d) is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
1.15 “Services” means services, information and functions made available by us at the Platform.
1.17 “Terms & Conditions of Sale” means the terms and conditions governing a Customer’s purchase of the Products.
1.19 “Trademarks” means the trademarks, service marks, trade names
and logos used and displayed on the Platform, including the thyehincomputer.com
trademark, which is property of thyehincomputer.com.
1.20 “Username” refers to the unique login identification name or
code which identifies a Customer who has an account with thyehincomputer.com.
1.21 “Voucher” means a voucher for credit which may be used by a
Customer, subject to other terms and conditions, towards the payment of
purchases on the Platform.
1.22 “you” and “your” refer to the individuals over the age of 18
or otherwise under the supervision of a parent or legal guardian.
provision of a statute shall be construed as a reference to that
provision as amended, re-enacted or extended at the relevant time. In
the Agreement, whenever the words “include”, “includes” or “including”
are used, they will be deemed to be followed by the words “without
limitation”. Unless expressly indicated otherwise, all references to a
number of days mean calendar days, and the words “month” or “monthly” as
well as all references to a number of months means calendar months.
Clause headings are inserted for convenience only and shall not affect
inconsistency between any two or more provisions under these Terms of
Use, whether such provisions are contained in the same or different
documents, such conflict or inconsistency shall be resolved in favour of
thyehincomputer.com and the provision which is more favourable to thyehincomputer.com shall
Last Updated: January 13, 2014
Terms & Conditions of Sale
1. Definitions & Interpretation
Unless otherwise defined, the definitions and provisions in respect
of interpretation set out in Schedule 1 will apply to these Terms &
Conditions of Sale.
2. Purchase of Products
2.1 Your compliance: You agree to comply with any and all the
guidelines, notices, operating rules and policies and instructions
pertaining to the purchase of Products through the Platform, as well as
any amendments to the aforementioned, issued by thyehincomputer.com (whether as part
of use of the Platform or in relation to the purchase of Products, on
behalf of Seller), from time to time. thyehincomputer.com reserves the right to
revise these guidelines, notices, operating rules and policies and
instructions at any time and you are deemed to be aware of and bound by
any changes to the foregoing upon their publication on the Platform.
2.2 Sellers: Products are sold by “Sellers”. thyehincomputer.com may be a
“Seller” for selected Products. “Seller” may also refer to a party other
than thyehincomputer.com (such party referred to in these Terms & Conditions of
Sale as a “Third Party Vendor”). Whether a particular Product is listed
for sale on the Platform by thyehincomputer.com or a Third Party Vendor may be stated
on the webpage listing that Product. Products sold to you by Sellers
will be governed by individual Customer Contracts (more details below in
Clause 2.6) which:
- 2.2.1 for Products sold by Third Party Vendors, shall be agreements
entered into directly and only between the Third Party Vendor and you;
- 2.2.2 for Products sold by thyehincomputer.com, shall be agreements entered into directly and only between thyehincomputer.com and you.
2.3 Product description: While Seller endeavours to provide an
accurate description of the Products, neither thyehincomputer.com nor Seller warrants
that such description is accurate, current or free from error. In the
event that the Product you receive is of a fundamentally different
nature from the Product as described on the Platform and which you have
ordered, Clause 6 of these Terms & Conditions of Sale shall apply.
2.4 Placing your Order: You may place an Order by completing the
Order form on the Platform and clicking on the “Submit Order button.
Seller will not accept Orders placed in any other manner. You shall be
responsible for ensuring the accuracy of the Order.
2.5 You have the right to cancel your order within twenty-four
hours from the time of your order (“Cooling Off Period”). The
cancellation must be communicated to thyehincomputer.com in writing within the
Cooling Off Period. Upon the expiration of the Cooling Off Period, all
Orders are irrevocable and unconditional: All Orders will be deemed to
be irrevocable and unconditional upon transmission through the Platform
and Seller shall be entitled (but not obliged) to process such Order(s)
without your further consent and without any further reference or notice
to you. Nevertheless, in certain circumstances as stated in Clause 8,
you may request to cancel or amend the Order which Seller will endeavour
to give effect to on a commercially reasonable effort basis. However,
notwithstanding the foregoing, Seller is not obliged to give effect to
any request to cancel or amend any Order. The details regarding the
cancellation process and policy of thyehincomputer.com can be accessed here
2.6 Seller’s reservation of rights in respect of Orders: All Orders
shall be subject to Seller’s acceptance in its sole discretion and each
Order accepted by Seller (such accepted Order to be referred to as a
“Customer Contract”) shall constitute a separate contract. You
acknowledge that unless you receive a notice from thyehincomputer.com confirming your
Order, Seller shall not be party to any legally binding agreements or
promises made between Seller and you for the sale or other dealings with
the Product(s) and accordingly Seller shall not be liable for any
Losses which may be incurred as a result. For the avoidance of doubt,
Seller reserves the right to decline to process or accept any Order
received from or through the Platform in its absolute discretion.
2.7 Termination by Seller in the event of pricing error: Seller
reserves the right to terminate the Customer Contract, in the event that
a Product has been mispriced on the Platform, in which event thyehincomputer.com
shall, on behalf of Seller, notify you of such cancellation by giving
three days’ notice. Seller shall have such right to terminate such
Customer Contract whether or not Products have been dispatched or are in
transit and whether payment has been charged to you. Upon termination
of the Customer Contract under this clause, the Seller shall refund the
payment charged to you for the Product.
2.8 Product Warranty: The warranties with respect to a Product
(“Product Warranty”) sold under a Customer Contract shall be as stated
by Seller via the Platform, under the “Specifications” tab in the field
“Product Warranty” for the relevant Product, and shall be limited by the
terms and conditions therein. The warranties and conditions, remedies
for breach of warranty or condition, or other terms stated in the
Product Warranty are, unless expressly prohibited by applicable
mandatory law, in lieu of all other terms, warranties and conditions,
whether expressed or implied, statutory or otherwise. Except as
expressly provided in such Product Warranty, Seller excludes (unless
expressly prohibited by applicable mandatory law) all other express or
implied terms, warranties or conditions with respect to the Products
2.9 Customer’s acknowledgement: You acknowledge and warrant that
you have not relied on any term, condition, warranty, undertaking,
inducement or representation made by or on behalf of Seller which has
not been stated expressly in a Customer Contract or upon any
descriptions or illustrations or specifications contained in any
document including any catalogues or publicity material produced by
either thyehincomputer.com or Seller. You also acknowledge and agree that to the
extent allowed under Malaysia law, the exclusion of warranties,
exclusion of liability and exclusion of remedies in these Terms &
Conditions of Sale and Customer Contracts allocate risks between the
parties and permit Seller to provide the Products at lower fees or
prices than Seller otherwise could and you agree that such exclusions on
liability are reasonable.
2.10 No representations or warranties: Without prejudice to the
generality of the foregoing Clause 2.9 and to the extent allowed under
- 2.10.1 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 Products 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 Seller;
- 2.10.2 any actions arising from the breach of any warranty or
representation, or any right to damages, whether express or implied,
shall be extinguished if an action is not brought against thyehincomputer.com within
six months from the date of delivery, or from the scheduled delivery of
- 2.10.3 thyehincomputer.com shall not be liable for any indirect, incidental,
special, consequential or exemplary damages, including, but not limited
to, damages for loss of profits, goodwill, intangible losses, and any
other type of damages caused by any breach of a Third Party Vendor’s
implied or express warranty on the Products;
- 2.10.4 for products shipped internationally, please note that any
manufacturer warranty may not be valid; manufacturer service options may
not be available; product manuals, instructions and safety warnings may
not be in destination country languages; the products (and accompanying
materials) may not be designed in accordance with destination country
standards, specifications, and labelling requirements;
- 2.10.5 Seller is not liable for any Losses suffered by any third
party directly or indirectly caused by repairs or remedial work carried
out without thyehincomputer.com’s prior written approval and the Customer shall
indemnify Seller against all Losses arising out of such claims;
- 2.10.6 Seller shall be under no liability under the above warranty
(or any other warranty, condition or guarantee) if the total price for
the Products has not been paid in cleared funds by the due date for
- 2.10.7 To the extent allowed under Malaysia law, Seller shall be
under no liability whatsoever in respect of any defect in the Products
arising after the expiry of the applicable Product Warranty, if any.
2.11 Intellectual Property:
- 2.11.1 Unless the prior written consent of thyehincomputer.com has been obtained,
the Customer shall not remove or alter the trade marks, logos,
copyright notices, serial numbers, labels, tags or other identifying
marks, symbols or legends affixed to any Products.
- 2.11.2 Where software applications, drivers or other computer
programmes and/or all other design details, technical handbooks or
manuals, drawing or other data (all collectively referred to as “Product
Materials”) are supplied to the Customer by Seller in connection with
the Order, the use and retention of the Product Materials are subject to
the terms and conditions of licence or use (such as end-user licences,
restrictions or conditions of use) as may be prescribed by Seller or its
licensors and must not be used other than strictly in accordance with
such terms and conditions.
- 2.11.3 The Customer agrees and acknowledges that the Product
Materials shall remain the property of Seller or its licensors. The
Customer further agrees that any and all Intellectual Property embodied
in or relating to the Product Materials shall remain the sole and
exclusive property of Seller or its licensors. Unless otherwise
expressly provided in the Order or the prior written consent of thyehincomputer.com
has been obtained, the Customer undertakes to return the Product
Materials and/or any copies thereof upon thyehincomputer.com’s request.
3. Delivery of Products
3.1 Address: Delivery of the Products shall be made to the address
you specify in your Order either by Seller or by thyehincomputer.com (or its agents)
on behalf of Seller.
3.2 Shipping & packing charges: Shipping and packing charges shall be as set out in the Order.
3.3 Tracking: You may track the status of the delivery at the “Order Tracking” page of the Platform.
3.4 Delivery timeframe: You acknowledge that delivery of the
Products is subject to availability of the Products. Seller will make
every reasonable effort to deliver the Product to you within the
delivery timeframe stated on the relevant page on which the Product is
listed, but you acknowledge that while stock information on the Platform
is updated regularly, it is possible that in some instances a Product
may become unavailable between updates. All delivery timeframes given
are estimates only and delays can occur. If the delivery of your Product
is delayed Seller will inform you accordingly via e-mail and your
Product will be dispatched as soon as it becomes available to Seller.
The time for delivery shall not be of the essence, and Seller (nor any
of its agents) shall not be liable for any delay in delivery whatsoever
3.5 Deemed receipt: In the event you do not receive the
the projected delivery date and provided that you inform thyehincomputer.com
days immediately from such projected delivery date, Seller will try, to
the best of Seller’s ability, to locate and deliver the Product. If
thyehincomputer.com does not hear from you within 3 days from such projected
date, you shall be deemed to have received the Product subject to your
rights under Malaysia law.
3.6 Customer’s failure to take delivery: If the Customer fails to
take delivery of the Products (otherwise than by reason of any cause
beyond the Customer's reasonable control or by reason of Seller’s fault)
then without prejudice to any other right or remedy available to
Seller, Seller may terminate the Customer Contract.
4. Prices of Products
4.1 Listing Price: The price of the Products payable by a Customer
shall be the Listing Price at the time at which the Order placed by the
Customer is transmitted to Seller (through the Platform).
4.2 Taxes: All Listing Prices are subject to taxes, unless
otherwise stated. Seller reserves the right to amend the Listing Prices
at any time without giving any reason or prior notice.
General: You may pay for the Product using any of the payment
methods prescribed by thyehincomputer.com from time to time. When you place an
actual payment will be only charged upon Seller’s acceptance of your
Order and formation of a Customer Contract. All payments shall be made
to thyehincomputer.com, either accepting payment in its own right or as Seller’s
agent (where Seller is a Third Party Vendor). You acknowledge that
thyehincomputer.com is entitled to collect payments from you on behalf of Third
5.2 Additional terms: The payment methods may be subject to additional terms as prescribed by thyehincomputer.com from time to time.
5.3 Payment methods: You agree that you are subject to the
applicable user agreement of your payment method. You may not claim
against Seller or any of its agents (which may include thyehincomputer.com), for any
failure, disruption or error in connection with your chosen payment
method. thyehincomputer.com reserves the right at any time to modify or discontinue,
temporarily or permanently, any payment method without notice to you or
giving any reason.
5.4 Invoicing: Seller may invoice you upon the due date of any payment under a Customer Contract.
5.5 Failure to pay: If the Customer fails to make any payment
pursuant to the terms and conditions of the payment method elected or
payment is cancelled for any reason whatsoever, then without prejudice
to any other right or remedy available to Seller, Seller shall be
entitled to cancel the Customer Contract or suspend delivery of the
Products until payment is made in full.
5.6 Refund of Payment:
- 5.6.1 All refunds shall be made via the original payment mechanism
and to the person who made the original payment, except for Cash on
Delivery, where refunds will be made via bank transfer or store credit
into the individual’s bank account provided that complete and accurate
bank account details are provided to us.
- 5.6.2 We offer no guarantee of any nature for the timeliness of the
refunds reaching your account. The processing of payment may take time
and it is subject to the respective banks and/or payment provider
internal processing timeline.
- 5.6.3 All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by us.
- 5.6.4All refunds are conditional upon our acceptance of a valid return of the Product.
- 5.6.5 We reserve the right to modify the mechanism of processing refunds at any time without notice.
- 5.6.6. The guidelines regarding the refunds process of thyehincomputer.com can be accessed here.
6.1 Return Policy: All returns must be done in accordance with the instructions set out in the Return Policy here
Seller is not obliged to agree to any return unless all such
instructions are followed to Seller’s and thyehincomputer.com’s satisfaction. Should
Seller agree to the return, Seller will deliver the replacement Product
to your specified address.
6.2 Permitted returns: Subject to Clause 6.1, within 14 days for
items covered under Satisfaction Guaranteed, and 7 days for items
covered under 100% Buyer Protection, from the date of delivery of the
Product, you may return a Product when you:
- 6.2.1 receive a product that is fundamentally different in nature from the Product specified in the Customer Contract;
- 6.2.2 receive a faulty or damaged Product;
- 6.2.3 receive a product that is not as advertised on the platform;
- 6.2.4 wrong item is delivered;
- 6.2.5 receive a product that has missing parts/items; or
- 6.2.6 receive a product that does not fit (for fashion items).
6.3 Repair, replacement or price reduction: As an
returning faulty or damaged Products under Clause 6.2, a Customer may
request for a repair or replacement of such Products. Such request shall
be irrevocable upon notification of the request to thyehincomputer.com and the
Customer may not later elect for a return under Clause 6.2. Where the
Products have not been repaired or replaced within a reasonable time,
thyehincomputer.com may, at its sole discretion, grant to the Customer a
the price in proportion to the reduced value of the Products, provided
that under no circumstance shall such reduction exceed 15 per cent.
(15%) of the price of the affected Products. Upon repair, replacement or
price reduction being made as aforesaid, the Customer shall have no
further claim against Seller.
6.4 Replacement Products: When thyehincomputer.com has provided replacement
Products or given the Customer a refund, the non-conforming Products or
parts thereof shall become Seller’s property and upon request such
Products or parts thereof should be shipped back to Seller.
6.5 Risk of damage or loss: Risk of damage to or loss of the
Products shall pass to the Customer at the time of delivery, or if the
Customer wrongfully fails to take delivery of the Products, the time
when Seller (via thyehincomputer.com or thyehincomputer.com’s agents) has tendered delivery of the
6.6 In cases where the customer refuses to take possession
product without sufficient cause or justification, or returns the item
without sufficient cause or justification, as provided under Clause 6,
thyehincomputer.com will safely keep the item for a period of fifteen (15) days,
reckoned from the date thyehincomputer.com receives the product from customer.
the lapse of such period, the product or item is deemed abandoned by
customer, and thyehincomputer.com or Seller may dispose of the product or item.
Notwithstanding the foregoing, thyehincomputer.com will use its best efforts to
return the product to the Customer within the time frame provided.
7. Questions and complaints
If you have any questions or complaints, please contact thyehincomputer.com
using the “Contact Us” page on the Platform. thyehincomputer.com will liaise with
Sellers on your questions and complaints.
8.1 Cancellation by you: You may cancel the Customer Contract
before Seller dispatches the Products under such Customer Contract by
written notice to thyehincomputer.com at ”Contact Us” page on the Platform, subject
to Clause 2.5. If the Products have already been dispatched, you may not
cancel the Customer Contract but may only return the Products in
accordance with Clause 6.
8.2 Cancellation by Seller: Without prejudice to any other right of
termination elsewhere in these Terms & Conditions of Sale, Seller,
or thyehincomputer.com acting on Seller’s behalf, may stop any Products in transit,
suspend further deliveries to the Customer and/or terminate the Customer
Contract with immediate effect by written notice to the Customer on or
at any time after the occurrence of any of the following events:
8.2.1 the Products under the Customer Contract being unavailable for any reason;
8.2.2 the Customer being in breach of an obligation under the Customer Contract;
8.2.3 the Customer passing a resolution for its winding up or a
court of competent jurisdiction making an order for the Customer’s
winding up or dissolution;
8.2.4 the making of an administration order in relation to the
Customer or the appointment of a receiver over or an encumbrancer taking
possession of or selling any of the Customer’s assets; or
8.2.5 the Customer making an arrangement or composition with its
creditors generally or applying to a Court of competent jurisdiction for
protection from its creditors.