Terms
& Policy

PLEASE READ THIS DOCUMENT CAREFULLY BECAUSE IT CONTAINS VERY
IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL
AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Contract contains the current terms and conditions that
apply to your purchase from us on order of any product or products
listed as shopping items on this Website ("Products").
You acknowledge that you are fully aware of the contents of these
terms and conditions and, on placing any purchase order for the
Products, you agree to be bound by and accept these terms and
conditions.
DEFINITIONS
1. "Sony" means Sony (Malaysia) Sdn. Bhd. (16202-H).
2. "Product(s)" means product(s) and/or its/their
peripheral product(s) by Sony listed as shopping items on this
Website (including but not limited to Sony Products) and forming
the subject matter of this contract as identified by Customer
in the order form.
3. "Customer" means a person who orders goods via
this Website or CIC.
4. "Contract" means a contract containing these terms
and conditions agreed upon between Sony and Customer for sale
by Sony and purchase by Customer of the Products.
5. "CIC" means the Sony Customer Interaction Centre operated
by Sony in Malaysia, from which Customers may order Products by
telephone or facsimile transmission.
6. "Sony Product(s)" means product(s) sold under the
trademark "Sony" and/or other trademarks owned or used
by Sony and listed as shopping items on this Website.
7. "Accessories" means computer software, recording
media such as cassette and video tapes, connecting cables, batteries,
camera tripods and other optional or peripheral accessories sold
for use with Sony Products.
8. "Reference Number" means the Customer Reference
Number automatically generated and provided to Customer by Sony
upon Customer placing an order.
9. "Working Day" means a day, on which commercial
banks in Kuala Lumpur are open for business, excluding Saturdays.
SALES & PURCHASE
Sony shall sell and Customer shall purchase the Products in compliance
with the Contract
ORDER/ FORMATION OF PRODUCT
1. All orders of the Products placed by Customer whether made
via the CIC or this Website shall be subject to acceptance by
Sony, which acceptance is at the discretion of Sony. Upon Customer
placing an order, a unique Customer Reference Number will be automatically
generated and provided to Customer to facilitate tracking of Customer's
order. The provision of such Reference Number does not operate
as an acceptance of Customer's order and merely serves as confirmation
that Customer's order has been received
by Sony.
2. These terms and conditions shall become the Contract only
when notice of acceptance by Sony of an order by Customer is sent
to Customer.
3. Sony will only accept orders for delivery of the Products
to the street address of Customer in Malaysia from residents of
Malaysia who have attained the age of 18 years. Subject to Clause
4(3) below, Customer may only cancel an order before notice of
acceptance by Sony of such order is sent to Customer.
4. Sony reserves the right to limit quantities of the Products
purchased in any order.
PRICE & PAYMENT
1. Pricing of the Products shall be as stipulated in the
official price lists published by Sony from time to time in force
as at the date of placement of orders by Customer.
2. Product Prices include all Malaysian taxes that may be imposed
on the transaction under the Contract but are exclusive of transportation
costs from Sony to Customer within Malaysia, which shall be borne
by the Customer.
3. Customer shall pay for the Products in Ringgit Malaysia using
one of the following payment methods:-
(a) BY CREDIT CARD
Customer shall furnish his or her valid credit card number when
Customer orders the Products from the CIC or via this Website
(only Visa or MasterCard are accepted). Sony will verify the validity
of the credit card with the relevant issuer and may then send
the notice of acceptance as stated in subsection (2) of Section
3 if the credit card is acceptable. In the event that no validation
is received from the relevant issuer within three (3) working
days of the verification request by Sony, the Customer's order
shall be deemed cancelled. Customer will be charged when the notice
of acceptance is sent to Customer. If Customer's order is cancelled
after payment has been validated by the credit card issuer but
before a notice of acceptance by Sony has been sent to the Customer,
the Customer shall be liable for all fees, charges and costs (including
but not limited to processing fees and charges) arising out of
or in connection with the cancellation or reversal of the payment
transaction.
(b) CASH/ CHEQUE DEPOSIT
Customer may make payment by way of a cash or cheque deposit at
any branch of RHB Bank Berhad, Maybank Berhad or Citibank Berhad
in Malaysia, to the following accounts:-
RHB Bank Berhad (Account no.: 214035-00050833)
Maybank Berhad (Account no.: 514187-407689)
Citibank Berhad (Account no.: 113416025)
Cheques must be marked "A/c Payee Only", made in favour
of "Sony (Malaysia) Sdn Bhd" and be drawn on a local
Malaysian bank. Customer shall insert the Customer's name and
Reference Number in the Customer's copy of the relevant Bank-In
or Deposit Slip and shall fax a copy of the same to CIC at
03-2295-0290
within 3 working days of the Customer making his or her order
online, failing which Customer's order shall be deemed cancelled.
Sony will verify the payment with the relevant Bank and will then
send the notice of acceptance as stated in subsection (2) of Section
3 if the payment is verified. Customer will be charged when the
notice of acceptance is sent to the Customer. Customer's order
will be deemed to be cancelled if cash payment is not verified
within three (3) working days of the verification request being
made or if Customer's cheque is not honoured. If Customer's order
is cancelled after payment has been made but before a notice of
acceptance by Sony has been sent to Customer, Customer shall be
liable for all fees, charges and costs (including but not limited
to processing fees and charges) arising out of or in connection
with the cancellation or reversal of the payment transaction.
Sony shall be entitled to deduct or set-off any and all such fees,
charges and costs against Customer's payment before refunding
the same to Customer.
(c) BY POST
Customer may make payment by post at Customer's own risk by forwarding
a crossed cheque/bank draft for the relevant amount marked "A/c
Payee Only" made in favour of "Sony (Malaysia) Sdn Bhd"
to the following address:-
Sony Malaysia Sdn Bhd,
SonyStyle Online Department,
11th Floor,
Centrepoint South,
The Boulevard,Mid Valley City,
Lingkaran Syed Putra,
59200 Kuala Lumpur,Malaysia
Customer shall insert Customer's Reference Number, name and
telephone number at the back of the cheque/bank draft and shall
forward the cheque/bank draft to Sony within 3 working days of
the Customer making his or her order online, failing which the
Customer's order shall be deemed cancelled. Sony shall send the
notice of acceptance as stated in subsection (2) of Section 3
upon receiving notification that the cheque/bank draft has been
cleared. Customer will be charged when the notice of acceptance
is sent to the Customer. Customer's order will be deemed to be
cancelled if Customer's cheque is not honoured. If Customer's
order is cancelled after clearance of Customer's cheque/bank draft
but before a notice of acceptance by Sony has been sent to the
Customer, the Customer shall be liable for all fees, charges and
costs (including but not limited to processing fees and charges)
arising out of or in connection with the cancellation or reversal
of the payment transaction. Sony shall be entitled to deduct or
set-off any and all such fees, charges and costs against the Customer's
payment before refunding the same to the Customer.
DELIVERY
(1) The delivery process will only be initiated after payment
has been validated and a notice of acceptance has been sent to
the Customer as stated in Section 4 above. Sony shall endeavour
to arrange to deliver the Products to the delivery point in Malaysia
designated by Customer in his or her purchase order. Sony will
use its discretion in selecting a reputable carrier and appropriate
means of shipment, and shall endeavour to notify the Customer
of the estimated date of delivery as soon as is reasonably possible.
Unless the Customer specifically nominates a named individual
or individuals to take delivery of the Products during the ordering
process, delivery to any individual or individuals present at
the delivery point in Malaysia designated by Customer in his or
her purchase order shall be deemed good and sufficient delivery
of the Products to the Customer. Where the Customer has specifically
nominated a named individual or individuals to take delivery of
the Products, Sony shall be entitled but not bound to request
sight of the identity card or other identification document of
the relevant individual or individuals before making delivery
of the Products to such individual or individuals, and shall be
entitled to accept any document purporting to identify an individual
or individuals as the individual or individuals nominated by Customer,
at its face value.
(2) Any dates quoted by Sony for delivery of the Products are
estimates only and shall not form part of the Contract. In no
event shall Sony be liable for increased cost, loss of profits
or goodwill or any other special, incidental direct or indirect
or consequential damages due to late delivery or non-delivery
of the Products.
(3) Sony may deliver the Products by instalments in any sequence.
Where the Products are so delivered by instalments, each instalment
shall be deemed to be the subject of a separate Contract and no
default or failure by Sony in respect of any one or more instalments
shall vitiate the Contract in respect of the Products previously
delivered or undelivered Products. In the event that Sony gives
notice to Customer that it is unable to deliver any instalment
of the Products, Customer shall be deemed to have accepted those
instalments already delivered but Sony may reimburse the price
of the undelivered Products that have been paid for by Customer.
(4) If Customer fails to take delivery of the Products or any
part of them when they are made available to Customer or fails
to provide accurate instructions, documents, licenses, consents
or authorisations required to enable the Products to be delivered,
Sony shall be entitled, upon giving written notice to Customer,
to store or arrange for storage of the Products, and then risk
in the Products shall pass to Customer, delivery shall be deemed
to have taken place, and Customer shall pay to Sony all costs
and expenses (including storage and insurance charges) arising
from its failure.
ACCEPTANCE
Unless Customer notifies Sony to the contrary by telephone,
facsimile transmission or telex within seven (7) days of delivery
and such notification is confirmed in writing within seven (7)
days of the notification, the Products shall be conclusively deemed
to have been accepted by Customer as being in good condition and
in accordance with the Contract. Subject to the Customer's statutory
rights, Sony will not entertain any request to return or exchange
Products. In the case of defective Products under warranty which
fall within the ambit of Section 9 below, Sony reserves the right,
at its sole discretion, to repair such defective Products in lieu
of replacing the same with equivalent products.
TITLE, RISK OF LOSS OR DAMAGE
Title and risk of loss or damage to the Products shall pass
to Customer on the physical delivery of the Products to the address
identified by the Customer in the order. Notwithstanding the foregoing,
title to the Products that are software products shall remain
with the applicable licensor(s).
TELEPHONE SUPPORT
(1) Sony offers support to Customer over the telephone ("Support")
for Sony Products, as follows:-
(a) for Products sold under the "Vaio" trademark: without
any charge other than telephone call charges for ninety (90) days
from the date of delivery for problems relating to the Product
(excluding any third party's hardware or software products) in
accordance with the then-current terms and conditions set by Sony.
Support relating to Sony's software and operating systems originally
provided by Sony as a part of the Product (if any) shall be provided
without charge to Customer;
(b) for other Sony Products: without any charge other than telephone
call charges in accordance with the then-current terms and conditions
set by Sony.
(2) Sony will not offer support to Customer for problems relating
to any software or hardware products licensed or manufactured
by any party other than Sony [or Sony Corporation, Japan]. If
Customer needs such support, Customer should contact the respective
supplier or licensor of each such software or hardware product.
(3) The details of the Support are set out in the Customer Service
page or are available upon request from CIC.
LIMITED WARRANTY
(A) FOR PRODUCTS SOLD UNDER THE "VAIO" TRADEMARK
(1) For a period of one (1) year from the date of delivery, Sony
warrants that the Product is free from defects in materials and
workmanship and is in conformity with the respective specifications
of the Product.
(2) Upon discovery of a defect in materials, workmanship or
failure to meet the specifications of the Product during such
one (1) year period, Sony shall, at Sony's sole discretion, either
repair such Product or replace it with the equivalent product
without charging any technical labour fee and repair parts cost
to Customer, on the condition that within such one (1) year period
Customer either brings such Product to Sony's authorised service
centres for VAIO in Malaysia, or contacts CIC to have such Product
collected from Customer's premises by Sony's authorised service
representatives. In case of repair or replacement, Sony shall
own all the parts removed from the defective Products. Sony may
use new and/or reconditioned parts made by various manufacturers
in performing warranty repairs and replacing Products. In the
event that Sony repairs or replaces a Product, the original one
(1) year warranty term for such Product is not extended.
(3) Save as aforesaid, this limited warranty covers only the
hardware components contained in the Product. Save as aforesaid,
it does not cover technical assistance for hardware or software
usage and it does not cover any software products contained in
the Product; Sony excludes all warranties express or implied in
respect of any software provided with the Product and any such
software is provided "AS IS" unless otherwise expressly
provided for in any enclosed software limited warranty bundled
with the Product. Please refer to the End User License Agreements
included with the Product for Customer's rights with regard to
the licensor or supplier of the software parts of the Product
and the parties' respective obligations with respect to the software.
(4) This limited warranty is non-transferable.
(5) With respect to all service provided, it is Customer's responsibility
prior to Product service to back-up the contents of Customer's
hard drive, including any data Customer has stored or software
Customer has installed on the hard drive. It is likely that the
contents of Customer's hard drive will be lost or reformatted
in the course of service and Sony will not be responsible for
any damage to or loss of any programs, data or other information
stored on any media or any part of the Product serviced hereunder
or damage or loss arising from the Product not being available
for use before or during or after the period of service provided
or any indirect or consequential damages resulting therefrom.
(6) IF DURING THE REPAIR OF THE PRODUCT THE CONTENTS OF THE
HARD DRIVE ARE ALTERED, DELETED, OR IN ANY WAY MODIFIED, SONY
IS NOT RESPONSIBLE HOWSOEVER. CUSTOMER'S PRODUCT WILL BE RETURNED
TO CUSTOMER CONFIGURED AS ORIGINALLY PURCHASED (SUBJECT TO AVAILABILITY
OF SOFTWARE).
(7) Be sure to remove all third party hardware, software, features,
parts, options, alterations, and attachments not warranted by
Sony prior to sending Product to Sony for service. Sony is not
responsible for any loss or damage to these items.
(8) This warranty is limited as set out herein and does not
cover, inter alia, any consumable items (such as batteries) supplied
with the Product; any accessory products which are not contained
in the Product (such as mouse, port replicator, AC adapter and
speaker); cosmetic damages; damage or loss to any software programs,
data, or removable storage media; or damage due to (1) acts of
God, accident, misuse, abuse, negligence, commercial use or modifications
of the Product; (2) improper operation or maintenance of the Product;
(3) connection to improper voltage supply; or (4) attempted repair
by any party other than a Sony authorised personal computer service
facility.
(9) This limited warranty does not apply when the malfunction
results from the use of the Product in conjunction with any accessories,
products or ancillary or peripheral equipment, or where it is
determined by Sony that there is no fault with the Product itself.
This limited warranty is valid only in Malaysia. This limited
warranty is invalid if the factory-applied serial number has been
altered, defaced or removed from the Product.
(10) SONY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES EXPRESSED
OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST
EXTENT PERMITTED BY LAW.
(B) FOR OTHER SONY PRODUCTS (OTHER THAN ACCESSORIES)
(1) For a period of one (1) year from the date of delivery, Sony
warrants that the Product is free from defects in materials and
workmanship and is in conformity with the respective specifications
of the Product.
(2) Upon discovery of a defect in materials, workmanship or
failure to meet the specifications of the Product during such
one (1) year period, Sony shall, at Sony's sole discretion, either
repair such Product or replace it with the equivalent product
without charging any technical labour fee and repair parts cost
to Customer, on the following conditions:
(a) For All Sony Audio-Visual Products (limited to Television
Sets only) within such one (1) year period Customer either brings
such Product to Sony's authorised service centres in Malaysia,
or contacts CIC to have an authorised Sony service representative
call at Customer's premises to examine, and if possible to repair
such Product on site, or if such repair is not possible, to remove
the Product to an authorised Sony service centre;
(b) For Other Sony Products: that during such one (1) year period,
Customer either brings such Product to Sony's authorised service
centres in Malaysia, or contacts CIC to have such Product collected
from Customer's premises by Sony's authorised service representatives.
In case of repair or replacement, Sony shall own all the parts
removed from the defective Products. Sony may use new and/or reconditioned
parts made by various manufacturers in performing warranty repairs
and replacing Products. In the event that Sony repairs or replaces
a Product, the original one (1) year warranty term for such Product
is not extended.
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@ Sony Style.
(3) Save as aforesaid, this limited warranty covers only the
hardware components contained in the Product. Save as aforesaid,
it does not cover technical assistance for hardware or software
usage and it does not cover any software products contained in
the Product; Sony excludes all warranties express or implied in
respect of any software provided with the Product and any such
software is provided "AS IS" unless otherwise expressly
provided for in any enclosed software limited warranty bundled
with the Product. Please refer to the End User License Agreements
included with the Product (if any) for Customer's rights with
regard to the licensor or supplier of the software parts of the
Product (if any) and the parties' respective obligations with
respect to the software.
(4) This limited warranty is non-transferable.
(5) With respect to all service provided, Sony will not be responsible
for any damage to or loss of any of Customer's programs, data
or other information stored on any media or any part of the Product
serviced hereunder or damage or loss arising from the Product
not being available for use before or during or after the period
of service provided or any indirect or consequential damages resulting
therefrom.
(6) CUSTOMER'S PRODUCT WILL BE RETURNED TO CUSTOMER CONFIGURED
AS ORIGINALLY PURCHASED (SUBJECT TO AVAILABILITY OF SOFTWARE,
IF RELEVANT).
(7) Be sure to remove all third party hardware, software, features,
parts, options, alterations, and attachments not warranted by
Sony prior to sending Product to Sony for service. Sony is not
responsible for any loss or damage to these items.
(8) This warranty is limited as set out herein and does not
cover, inter alia, any consumable items (such as batteries) supplied
with the Product; any accessory products which are not contained
in the Product; cosmetic damages; damage or loss to any software
programs, data, or removable storage media; or damage due to (1)
acts of God, accident, misuse, abuse, negligence, commercial use
or modifications of the Product; (2) improper operation or maintenance
of the Product; (3) connection to improper voltage supply; or
(4) attempted repair by any party other than a Sony authorised
service facility.
(9) This limited warranty does not apply when the malfunction
results from the use of the Product in conjunction with any accessories,
products or ancillary or peripheral equipment, or where it is
determined by Sony that there is no fault with the Product itself.
This limited warranty is valid only in Malaysia. This limited
warranty is invalid if the factory-applied serial number has been
altered, defaced or removed from the Product.
(10) SONY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES EXPRESSED
OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST
EXTENT PERMITTED BY LAW.
(C) ACCESSORIES
(1) Sony does not provide any warranties in respect of Accessories.
(2) WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, SONY
EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING
WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR
ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING
FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THE CONTRACT, OR
FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE
SOLD OR PROVIDED PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT,
BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE., THIS DISCLAIMER
DOES NOT AFFECT THE CUSTOMER'S STATUTORY RIGHTS. NEITHER PARTY
SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE
DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY
PROVIDED HEREIN..
CRITICAL COMPONENTS
The Products are not authorised for use as critical components
in life support systems or situations where failure to perform
can reasonably be expected to cause significant injury to users
or others.
CHANGES
Sony may update or discontinue any of Products and/or revise
prices for the Products listed as available items on this Website
or elsewhere at any time. Therefore, Customer agrees that changes
between the shipped Products and the Products described in marketing
materials (advertisements, catalogues, specification sheets etc.)
may occur. All orders are accepted on these terms, which supersede
any other terms appearing in this Website or elsewhere and shall
override any other terms referred to by the Customer or in any
course of dealing.
RESALE
Customer agrees and warrants that the purpose of purchasing
the Products is for Customer's own individual or personal use
only, and not for resale. Sony shall be entitled to refuse to
accept orders placed by Customer if Customer breaches or Sony,
on reasonable grounds, suspects that Customer will breach this
warranty. Customer shall not remove components from the Products
for resale.
EXPORT RESTRICTIONS
Customer agrees to comply with all applicable export laws,
regulations and orders of Malaysia , Japan and the United States
of America. Specifically, but without limitation, Customer agrees
that it will not re-export or ship, directly or indirectly, any
Products or technical data in any form without first obtaining
Sony's prior written consent and the appropriate export or re-export
licenses from the Government of Malaysia, the Government of Japan
and/or the Government of the United States of America.
WAIVER/ INVALIDITY
Failure of Sony to insist upon strict performance of any provisions
hereof shall not be deemed a waiver of its right and remedies.
If any provision of the Contract is deemed by a court to be unenforceable,
the remainder shall stay in effect.
GOVERNING LAW
The Contract shall be governed by and construed in accordance
with the laws of Malaysia. The parties hereto submit to the non-exclusive
jurisdiction of the courts of Malaysia, that being the place where
Customer's order has been received and/or entered and accepted.
HEADINGS
The section headings used herein are for convenience or reference
only and do not form a part of these terms and conditions or the
Contract, and no construction or inference shall be derived therefrom.
ENTIRE AGREEMENT
These terms and conditions may not be altered, supplemented, or
amended by the use of any additional document(s) that purport
to be an agreement of the parties. Any attempt to supplement or
amend this document or to enter an order for the Product(s) that
is subject to additional or altered terms and conditions shall
be null and void and of no effect whatsoever.
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