https://www.lashini.my
18-2, 2nd Floor, Jalan Puteri 2/5, 47100 Puchong MY
Lashini.my
18-2, 2nd Floor, Jalan Puteri 2/5, Puchong, MY
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Terms & Condition

Online Vendor Agreement

 

PLEASE READ THIS AGREEMENT CAREFULLY. By signing (using the online process) this Agreement on behalf of the applicant vendor named in the online application form for participation in the Lashini.my Online Platform (the “Vendor”), you acknowledge and signify the Vendor’s acceptance and agreement, without limitation of qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to submit the application and to sign and agree to this Agreement on behalf of the Vendor. If the Vendor does not agree with each provision of this Agreement or you are not authorized to sign and agree to this Agreement on behalf of the Vendor, then you may not submit an application on behalf of the Vendor or sign this Agreement on behalf of the Vendor.

 

If Lashini.my in its discretion accepts the Vendor’s application to participate in the Lashini.my Online Platform, then Lashini.my will send a notice to you by email advising you that the Vendor’s application has been accepted by Lashini.my and confirming the Effective Date of this Agreement. Lashini.my is not obligated to accept the Vendor’s application, and this Agreement will not be effective unless and until Lashini.my accepts the Vendor’s application.

 

  1. RECITALS:

 

Vendor and Lashini.my, and its affiliates and subsidiaries (“Lashini.my”) are entering into this Online Vendor Agreement together with the Appendix set out below, which is incorporated into this Agreement by reference (“Agreement”) to set forth the terms and conditions applicable to Lashini.my’s purchase of products (the “Products”) from the Vendor for resale to end consumers and commercial buyers (the “Customers”) through Lashini.my’s sales channels including but not limited to its present and future Lashini.my™ retail stores and Internet web sites. For clarity, “Products” will include all packaging and any related materials accompanying the Products.

 

  1. AGREEMENT GOVERNS:

 

Unless otherwise agreed to in writing between the parties with an express reference to superseding the provisions of this Agreement, all Product purchase orders placed with the Vendor by Lashini.my are subject to the terms of this Agreement and any additional terms and conditions found on Dealer’s purchase order, even if: (a) the purchase orders do not reference this Agreement; and (b) there are conflicting, inconsistent or additional terms in the Vendor’s acceptance or confirmation documentation or any of the Vendor’s standard forms or agreements, whether or not signed, used, acknowledged or otherwise accepted by Lashini.my, either before or after the date of this Agreement.

 

  1. APPLICATION TO LASHINI.MY’S DIVISIONS, SUBSIDIARIES AND AFFILIATES:

 

Lashini.my is composed of multiple divisions representing separate brand identities, in addition to several subsidiaries and affiliates. Vendor agrees that each division, subsidiary or affiliate will have the right to purchase Products from the Vendor pursuant to the terms of this Agreement and will collectively be considered the “Lashini.my” for all purposes under this Agreement.

 

  1. APPLICATION TO CUSTOMERS:

 

Lashini.my has no control over the exact use or disposition of the Vendor’s Products by the Customers, and Lashini.my will have no liability or obligation to the Vendor in any such respect under this Agreement or any other agreement between Lashini.my and the Vendor.

 

  1. PURCHASING OBLIGATIONS:

 

Lashini.my will have no obligation or liability to purchase all or any particular volume of any type of Products or parts from the Vendor. Lashini.my does not guarantee, and is not obligated to issue, any particular number or type of purchase orders with the Vendor. Lashini.my will not be liable to the Vendor for loss of business or revenues, or excess inventory, if Lashini.my’s purchase orders do not meet the Vendor’s expectations.

 

  1. CUSTOMER INFORMATION:

 

Lashini.my is not required to maintain any records respecting the use or resale of the Products except for the records that it currently maintains, and will not be required to disclose such records to the Vendor. Lashini.my may provide summarized information of a general nature on a confidential basis to be used solely for the Vendor’s market forecasting and scheduling requirements.

 

  1. VENDOR CONTENT AND SAMPLES:

 

Vendor will provide Lashini.my with Product information relating to the marketing, sales and servicing of the Products, including without limitation, Product specifications, facts, claims, advertisements, images, and other textual, graphical, multimedia or other content regarding the Products (“Vendor Content”). Vendor hereby grants Lashini.my a license to use, exhibit, excerpt, reformat, modify, reproduce, publish, publicly perform and transmit via the Internet and otherwise use such Vendor Content for the purpose of advertising and promoting the Products. Vendor will provide to Lashini.my, at no charge, Product samples, adequate copies of any marketing and technical information, service manuals, detailed Product specifications, end-user warranties and other Product data and materials.

 

  1. BRAND NAME USAGE:

 

Lashini.my will be entitled to make reasonable non-exclusive use of the trademarks and trade names associated with the Products (the “Marks”), for purposes of Lashini.my's normal product marketing, advertising, servicing and sales activities, subject to any reasonable directions, guidelines or policies communicated by the Vendor (or by the owner of the Marks) to Lashini.my. If the Vendor is not the owner of the Marks, then the Vendor will obtain the necessary permission from the owner of the Marks to enable Lashini.my to use the Marks in accordance with this provision. Upon termination of this Agreement, Lashini.my may continue to advertise and promote the Products, using the Vendor’s trademarks, trade names and Vendor Content until inventory depletion.

 

  1. COMPETITIVE PRODUCTS:

 

The Vendor acknowledges that Lashini.my markets and sells a wide variety of Products, some of which may be competitive with the Products. Lashini.my's relationship with the Vendor will not restrict any such marketing and sales activities by Lashini.my.

 

  1. FINANCIAL STABILITY:

 

The Vendor will from time to time provide such financial and business information as may be reasonably requested by Lashini.my, to establish to Lashini.my's satisfaction that the Vendor: (a) is financially stable; and (b) has the resources and capabilities necessary to meet the Vendor’s current and future Product supply and applicable warranty and service obligations to Lashini.my and its Customers under the terms of this Agreement. At the Vendor’s request, Lashini.my will keep all such financial information confidential and will not disclose it to any other party other than its professional advisors.

 

  1. INSURANCE:

 

The Vendor will, at the Vendor’s own expense, maintain comprehensive general liability insurance including, without limitation, product liability insurance, all risks coverage and business interruption insurance in amounts reasonably satisfactory to Lashini.my, naming Lashini.my as an additional insured, to protect against claims for personal injury, death, property damage or otherwise, arising out of or in connection with the marketing, sale, use or service of, or other dealings related to, the Products. The insurance policy will contain a provision prohibiting its cancellation or any amendments without 30 days prior written notice to Lashini.my. Vendor will procure and maintain throughout the term of this Agreement Umbrella coverage of not less than the total number of sales made by Vendor. The insurance required hereunder will be issued by an insurance company or companies authorized to do business in Malaysia. Vendor’s insurance will be primary and required to respond to and pay claims prior to other coverage. At the request of Lashini.my from time to time, the Vendor will provide Lashini.my with a certificate of insurance as evidence of the above.

 

  1. CONFIDENTIALITY:

 

This Agreement and any information marked as confidential or, regardless of form (written/electronic/oral) or marking, is of the nature that a reasonable person would understand its owner would not want it disclosed to the public will be considered to be Confidential Information. Further, Confidential Information will also include (a) any document or data transaction between the parties; (b) matters of a technical nature such as trade secret processes or devices, know-how, data, formulas, inventions (whether or not patentable or copyrighted), specifications and characteristics of products or services planned or being developed, and research subjects, methods and results, (c) matters of a business nature such as information about costs, profits, pricing, policies, markets, sales, suppliers, customers (e.g., names and addresses), product plans, and marketing concepts, plans or strategies, (d) matter s relating to project initiatives and designs, (e) matters of a human resources nature such as employment policies and practices, personnel, including individual names, addresses, and telephone numbers; compensation and employee benefits, (f) other information of a similar nature not generally disclosed to the public. Each party agrees not to disclose Confidential Information except to employees, or a third party subject to a similar confidentiality agreement, which have a need to know to perform their responsibilities. Each party agrees to take at least the same precautions to protect Confidential Information as such party would utilize to ensure the protection, confidentiality and security of its own confidential information. Each Party, at its own expense, will properly use security procedures, which are reasonably sufficient to ensure that all transmissions of documents are authorized and to protect its business records and data from improper access. Confidential Information will not include any information which (a) is or becomes generally known or available through no act or failure to act by the receiving party; (b) is already known by the receiving party as evidenced by its written records; (c) is hereafter rightfully furnished to the receiving party by a third party without restriction on disclosure; or (d) is disclosed in response to a valid order by a court or other governmental body, provided that the receiving party provides the disclosing party with prior written notice of such disclosure as soon as reasonably possible in order to permit the disclosing party to seek confidential treatment of such information. Vendor warrants that it will not use any information provided by Lashini.my pursuant to the terms of the Agreement to market directly to Lashini.my customers. Upon the expiration or earlier termination of this Agreement, a party may, in writing, request either the prompt return or destruction, and a written certification of such destruction, of any Confidential Information provided to the other party.

 

  1. REPOSSESSION:

 

The Vendor will not seize any Products in the possession of Lashini.my or its affiliates, their agents or Customers, or garnishee any funds or assets of Lashini.my or its affiliates, without a final order of a Court of competent jurisdiction, obtained with prior notice to Lashini.my, after all appeal periods with respect to such order have lapsed or otherwise been exhausted.

 

 

  1. SECURITY INTERESTS:

 

The Vendor acknowledges that there is no security interest or other encumbrance granted by Lashini.my to the Vendor in the Products, and that all Products are free from all security charges, encumbrances and claims by the Vendor and by all third parties claiming through the Vendor. The Vendor will not register or otherwise attempt to apply a security interest in the Products.

 

  1. INDEPENDENT CONTRACTOR:

 

The Vendor is an independent contractor and not an agent or employee of Lashini.my. Lashini.my does not grant or agree to grant to the Vendor, and the Vendor will not have, any power of attorney, agency or other authorization to bind Lashini.my or to act on its behalf in any manner.

 

  1. REPRESENTATIONS/WARRANTIES:

 

The Vendor represents and warrants to Lashini.my that: (a) the Products and Vendor Content delivered to Lashini.my do not infringe any patent, trademark, copyright or other proprietary rights; and (b) the Products will be free from defects in material and workmanship, and will be fit and safe for the use(s) normally and reasonably intended; (c) the Products are of merchantable quality and will perform in conformance with specifications and Vendor samples; (d) it will provide a manufacturer’s warranty to end-users of the Products that is generally consistent with or superior to industry standards; and (e) the Products are not produced, manufactured, assembled or packaged by the use of forced labor, prison labor or forced or illegal child labor and that the Products were not trans-shipped for the purpose of mislabeling, evading quota or country of origin restrictions or for the purpose of avoiding compliance with forced labor, prison labor or child labor laws.

 

  1. COMPLIANCE WITH ALL LAWS:

 

In providing the Products and Vendor Content to Lashini.my and performing its other obligations under this Agreement, the Vendor will comply with all applicable laws including, without limitation, any applicable product safety laws; any applicable requirements of the Malaysian Government authorities; payment for blank media or other government or industry mandated taxes, levies or fees, and all environmental stewardship, deposit, packaging and waste levies and similar requirements (collectively “Levies”); for Products delivered to or sold through Lashini.my in Malaysia. Vendor will reimburse Lashini.my for any Levies related to the Products paid or payable directly or indirectly by Lashini.my or its agents or representatives except for those Levies that Lashini.my agrees to collect from the final customer, notwithstanding that Vendor may not be directly or indirectly liable for such Levies as a result of its non-resident or other status.

Vendor Undertakings

 

By using the Services, Vendor undertakes, represents and warrants that it will:

 

  1. comply with all applicable laws, treaties, ordinances, codes and regulations;
  2. comply with all Policies;
  3. be responsible and pay all taxes, duties, fees and other charges arising out of or associated with the Order, the Payment or in any other way owed by Vendor under the Agreement or the Customer Agreement will issue a valid invoice to the Customer, if required by the Laws.
  4. obtain all necessary rights, licenses, permits or approvals required for the offer, advertising and sale of the Products on or through the Platform prior to their listing and will provide, as such time as Lashini.my may so request, copies of these documents to Lashini.my;
  5. ensure that any information provided under this Agreement, including for the listing (including the Content Materials) of the Products, is accurate, current, and complete and is not misleading or otherwise deceptive;
  6. fulfil all Orders for Products at their stated quantity and price to Customers who meet Lashini.my's eligibility conditions;
  7. contract appropriate insurance covering its obligations thereunder and the Products regardless of the fulfilment model chosen;
  8. provide, in the format and at such times as Lashini.my may require, accurate, updated and complete information about the availability status, stock level and Listing Price of the Products;
  9. ensure that the Listing Price for any Good offered to Customers will not exceed the price offered by Vendor outside the Platform for the same product in like or lesser quantities under similar terms and conditions and, where a lower price is so offered, ensure that the Products benefit from that lower price;
  10. give Lashini.my written notice of any requirement or provision of any contract that may conflict with any requirement or provision of the Agreement; and
  11. ensure that any person filling-in or signing any document, operating the Vendor Center account, or handling the Products and Products, on behalf of Vendor (other than a Lashini.my employee, contractor or agent, or a third party specifically mandated by Lashini.my) has full power and authority to do so on behalf of Vendor. Vendor may not dispute the actions of such person insofar as they are in apparent compliance with the Agreement.

 

  1. INDEMNITY:

 

The Vendor will indemnify and save Lashini.my, its parent, subsidiaries and affiliates, and their respective customers, employees, directors, officers and agents harmless from and against all costs, expenses (including legal fees), damages, actions, causes of action, suits, claims, liabilities and judgments, which may be suffered or incurred by them, relating to (a) Vendor’s breach of this Agreement, including but not limited to its representations and warranties; (b) acts or omissions of Vendor relating to the Products which includes, but is not limited to claims that the Products, or use thereof, caused personal injury, death, or real or personal property damage; (c) a Product recall, whether or not initiated by Vendor; (d) claims that the Products or any Vendor Content provided by Vendor or its agents infringes, misappropriates or injures a third party’s intellectual property or proprietary rights; (e) false or misleading Product specifications or other Vendor Content provided to Lashini.my to promote and sell the Products; (f) claims that the Products or any particular Product do not satisfy any statutory or common law implied warranties, representations or conditions, including without limitation, implied warranties in Malaysia; (g) non-compliance with any laws, rules or regulations, including without limitation the language requirements of Malaysia, all labeling, product certification and non-interference requirements, resulting from the Products or the sale or use of the Products in Malaysia; and (h) Vendor’s failure to promptly perform its obligations in connection with a manufacturer’s rebate offer. If a claim by a third party is made against Lashini.my, Lashini.my will promptly notify Vendor of such claim but failure to give timely notice will not affect Lashini.my’s rights provide the failure does not adversely affect Vendor’s ability to defend such claim. Vendor will assume the defense thereof, with counsel selected by Vendor and reasonably satisfactory to Lashini.my. Vendor will have control of the defense of any such action (other than administrative, criminal or quasi-criminal proceedings), including any appeals and negotiations for the settlement or compromise thereof and will have full authority to enter into a binding settlement or compromise; provided that, Vendor will not enter into any settlement or compromise which may adversely affect Lashini.my without the Lashini.my’s consent, which consent will not be unreasonably withheld.

 

  1. LIMITATION OF LIABILITY:

 

Lashini.my's aggregate liability to the Vendor for any and all claims of any kind relating to the Products, will not exceed the unpaid price of those Products which directly give rise to, or are related to, the claims whether based on contract, negligence, strict liability, tort or otherwise during the financial year when the action arose.

 

  1. RISK OF LOSS:

 

Risk of loss or damage and title to the Products will pass to Lashini.my only upon delivery of the Products into the possession or custody of Lashini.my or Lashini.my’s carrier as applicable at the destination specified by the Lashini.my.

 

  1. SHIPPING TERMS:

 

Shipping terms for all shipments under this Agreement shall be Delivered Duty Paid, as per the International Chamber of Commerce’s Incoterms 2010, at the destination specified by Lashini.my. For clarity, Vendor shall be responsible for clearing the Products for export and for making them available to Lashini.my at the named place of destination (point of delivery), cleared for import (Customs clearance, duties and taxes paid), but not unloaded from the transport vehicle. Vendor will follow the terms and conditions stated in the shipping operational guidelines, found in our Fulfillment Policy in Appendix B which are a part of this Agreement and incorporated herein by reference and may be modified or amended from time to time. Lashini.my requires foreign vendors of imported Products to scrutinize and, where necessary, develop sufficient security measures within their own supply chain. Vendor represents and warrants that all information provided by Vendor regarding the country of origin of the Products is true and correct as defined by the applicable law of the jurisdiction of destination for the Product. Vendor will be listed as the Importer of Record. Vendor shall deliver Vendor Direct Product in Malaysia to carrier(s) designated by Lashini.my using Lashini.my’s account with carrier(s). Vendor will reimburse Lashini.my for the shipping cost in the form of a freight allowance or a log as determined in the Appendix. Lashini.my shall specify the delivery location and delivery date on the applicable purchase order. Vendor shall intercept fraudulent packages and file tracers, as applicable. Any customer facing documents will identify Lashini.my as shipper of the product.

 

  1. WARRANTY SERVICE:

 

The Vendor agrees to adhere to its Warranty Service and the Cancellation Returns Policy Procedures in Appendix A which are a part of this Agreement and incorporated herein by reference and may be modified or amended from time to time, in connection with the Products, whether or not the Vendor is the manufacturer of the Products. The terms specific to each Product or Product line will be set out in a separate Reverse Logistics Program in the form set out as Returns and Warranty Programs laid out on pages below to this Agreement. If the Vendor is not the manufacturer of the Products, then the Vendor will obtain the necessary covenants and agreements from, and make any necessary arrangements with, the manufacturer of the Products to enable: (a) Lashini.my and its Customers to deal directly with the Vendor, as though the Vendor were the manufacturer of the Products, on all warranty matters during the Products’ warranty periods and all other service matters during the Products’ expected lifetimes; and (b) the Vendor to comply with the terms of this provision. The Vendor agrees to honor all valid warranty claims and other warranty obligations to the Customers during the Products’ warranty periods, including without limitation any statutory or common law implied warranties, representations or conditions, including without limitation, implied warranties in Malaysia, and to otherwise service the Products during their expected lifetimes, notwithstanding the termination or expiration of this Agreement. If the Vendor does not honor its warranty obligations, then Lashini.my has the right, but not the obligation, to undertake and continue the Vendor’s Product warranty and service obligations to support Lashini.my’s Customers, at the Vendor’s expense, and to offset the costs thereof against any amounts due to the Vendor.

 

  1. Counterfeit Products

 

Vendor warrants and undertakes that the Products sold by Vendor and/or its affiliates on Lashini.my platform shall be authentic at all times including but not limited to as follows:-

 

  1. The Products are of merchantable quality, fit for their purpose, free from defects, and strictly conform to their listed specifications;
  2. the Products and their offer for sale are not prohibited and comply with the Laws (including all minimum age, marking and labelling requirements, product warranties, specifications and performance criteria, etc.) and conform with Policies, including prohibited and restricted items;
  3. it has full unencumbered title in the Products and in any materials incorporated in the Products and all the Products are supplied free of all liens, charges or other security interests;
  4. (d) it will provide the Products with all legally required documentation (including warranty card, warranty information and invoice) and update the same when legally required;
  5. it will provide Lashini.my and/or Customer any document pertaining to the sale of the Products or Customer Agreement (including sales invoice and tax invoice), as may be requested by Lashini.my and/or Customer;
  6. it will not, directly or indirectly, sell Inadequate Products, or expired (or soon to be expired) Products; and
  7. it will not, directly or indirectly, sell counterfeit, "replica" and name brand "knock off" products or products violating any Intellectual Property Rights.

 

Vendor shall exercise due diligence to detect and prevent counterfeit, substandard, or otherwise adulterated or misbranded versions of the Product and to prevent those versions from entering the distribution system and reaching customers.

 

If Vendor believes that counterfeit Products are being commercialized and/or sold in one or more countries, the Parties will collaborate to have it removed from the market.

 

  1. FAILURE TO PERFORM:

 

If the Vendor should fail to perform the Vendor’s warranty obligations under paragraph 22, then: (a) upon the request of Lashini.my, the Vendor will provide Lashini.my with a guarantee, in a form acceptable to Lashini.my, from the Vendor’s affiliate or from another party acceptable to Lashini.my, guaranteeing the payment and performance of the Vendor’s warranty obligations to Lashini.my and the Customers throughout the Products’ warranty periods; and (b) Lashini.my may hold back a sufficient portion of any amount owing by Lashini.my to the Vendor, and apply such amount against any costs or expenses incurred by Lashini.my in connection with covering the Vendor’s warranty obligations under this Agreement. All such holdback amounts that are not so applied by Lashini.my will be returned to the Vendor upon the expiry of the applicable warranty periods.

 

  1. PARTS SUPPLY:

 

During the term of this Agreement and for a period of five years following termination thereof, Vendor will promptly supply equivalent replacements parts for the Products to Lashini.my. The cost for such parts will be equal or less than the lowest cost such parts are provided to any other third party.

 

  1. RETURN PRODUCT:

 

The Vendor will grant Lashini.my an open “Return Material Authorization” for Products: (a) in those cases stipulated in the Warranty Service and Return Procedures, and otherwise perform its return obligations in accordance with the specifications set out in the Appendix laid out on pages below and the Warranty Service and Return Procedures set out in our Fulfillment Policy and Terms (b) that are the subject of a third party claim of intellectual property right infringement; (c) that are not developed, manufactured, supplied, packaged, or labeled in accordance with the specifications set out in this Agreement, including without limitation, all applicable laws, rules, regulations, industry standards, language requirements and certifications; (d) that are shipped in error or in non-conformance with Lashini.my’s purchase order; (e) that have caused injury to person or property; (f) that are damaged; (g) are returnable as a Defective Product; and (h) contained in their original, unopened packaging. For purposes of this Agreement, “Defective Product” means any Product that is visually or operationally defective and Product that has been returned and deemed defective by a customer in accordance with Lashini.my’s end-user return policy. Lashini.my’s end-user return policy allows for the return of most Products with or without cause for a specified period after purchase, regardless of whether the packaging has been opened or whether the Product is actually defective. If the Vendor fails to perform any of its return obligations, then Lashini.my may store the Products that would have been returned to the Vendor had an open Return Material Authorization been issued, and, if the Return Material Authorization is not issued to Lashini.my within 30 days, then Lashini.my may deduct from any amounts owing to the Vendor the cost of such Products and an additional charge for storing and disposing of such Products in its warehouse. Lashini.my may dispose of such Products without liability to Vendor 30 days following written notice to Vendor of Vendor’s failure to accept the return Product. All Products returned to the Vendor by Lashini.my will be credited by the Vendor to Lashini.my’s account. All Products returned to the Vendor by Lashini.my (other than overstock) will be shipped to the Vendor at the Vendor’s complete expense, on a carrier chosen by the Vendor, and if the Vendor fails to choose a carrier, then on a carrier chosen by Lashini.my. All overstock Products returned to the Vendor by Lashini.my will be shipped to the Vendor at Lashini.my’s expense. If the parties agree to a return allowance, such allowance will replace Lashini.my’s right to return Products as provided herein, except that if the actual return rate for a particular Product exceeds the applicable allowance, Lashini.my may either adjust the allowance accordingly or return the excess Product to Vendor for full credit or refund. A return allowance will have no effect upon Lashini.my’s return rights as otherwise provided in this agreement. Vendor and Lashini.my agree that no SST, as applicable, will be applied to debit or credit notes issued for returns.

 

For eligible Customer Vendor Direct Product returns all Product purchased via Vendor Direct fulfillment can be returned

  1. a) direct to any Lashini.my store location and processed under the terms of this Agreement or b) via mail according to packing slip standards outlined by Lashini.my to the Lashini.my Product return Center. Undelivered returns should be routed back to the Lashini.my’s return center. In the event an undelivered shipment is routed back to Vendor, the return should be processed as an authorized return and cost of Products credited to my, credit memo will be mailed to Lashini.my immediately upon being issued. Vendor agrees to notify Lashini.my of any undelivered product within 48 hours of receipt.

 

  1. REMOVAL OF IDENTIFICATION AND INFORMATION:

 

Vendor is responsible for removal of all personal information including, but not limited to, sales receipts, addresses, phone numbers, images, files, credit card numbers and other information belonging to customers or otherwise residing on any Products (collectively “Customer Information”) returned by Lashini.my to Vendor (“Return Products”). Vendor is responsible for expunging Customer Information in a manner that ensures that it cannot be recovered. Vendor agrees to remove from any Return Products prior to their sale, transfer, or disposal: (a) all Customer Information; (b) in the event that any of the Return Products are computers or other consumer electronics containing memory or other storage (for example: cellular telephones, PDAs, digital cameras, hard drives, digital media, video cameras, MP3 Players, and gaming consoles), Vendor agrees to delete all files and other information contained thereon, except for the standard software programs or chips originally installed by the manufacturer of such Return Products provided such standard software programs or chips do not contain Customer Information; and (c) all Lashini.my identification marks including, but not limited to: labels, sku numbers and bar codes. Vendor agrees to indemnify and hold Lashini.my harmless from and against any third party claims, demands, actions or causes of action arising out of or in connection with Vendor’s subsequent sale, transfer or disposal of the Return Products or the failure of Vendor to meet its obligations under this Section. Vendor agrees to comply with all provincial, federal and local rules and regulations with respect to the sale, transfer and disposal of the Return Products. This section will survive the termination or expiration of this Agreement.

 

  1. PROGRAM TERMS AGREEMENT:

 

Lashini.my and Vendor may agree upon certain business terms from time to time concerning matters such as Products, pricing, market development and cooperative advertising funds, invoice credit terms, stock rotation, volume rebates, new store allowances, etc. A separate Program Agreement may be entered into between the parties with respect to particular Product categories, or to distinguish terms relating to purchases made on behalf of a particular division, affiliate or subsidiary of Lashini.my. In the event of conflict between business terms of any Program Agreement and this Agreement, the business terms contained in such Program Agreement will control.

 

  1. (A) PAYMENT SETTLEMENT TERMS:

 

Lashini.my provides a platform for third-party Vendors and customers to complete transactions. Except as set out in the Agreement, Lashini.my is not involved in the actual transaction between Vendor and Customers. As owner or provider of the Products and vendor thereof, it is up to Vendor to, among others, ensure the sale is legally authorized, accurately describe the Products, package, ship, insure, warrant and fulfil all other sale and after sale obligations applicable by law or by trade. Vendor uses the Services, the Platform and Vendor Center, at its own risk.

 

Vendor authorizes Lashini.my to act as its exclusive payment processing agent for the purpose of:

  1. collecting the Sales Proceeds and in general any sums due or owing under the Agreement and holding the same;
  2. processing customer payments, refunds and adjustments;
  • remitting the Payment; and
  1. paying to Lashini.my, to Lashini.my Affiliates and to third parties (including Customers) any amounts Vendor owes to them. As a payment processing agent, Lashini.my will have no responsibility with respect to the legality of transactions occurring between Vendor and Customers and Vendor undertakes that all transactions are in compliance with the Laws (including anti money-laundering regulations).

 

                   The services ("Services") provided by Lashini.my under the Agreement are classified as:

  1. General Services ("General Services") consisting in:

 

  1. the listing and publishing of Content Materials regarding the Products on the Platform;
  2. limited Customer care services;
  • Order verification;
  1. management of deliveries and returns;
  2. collection, reconciliation and execution of all Sales Proceeds as payment processing agent for Vendor; and
  3. other services ancillary to the Services; and

 

  1. if applicable, Additional Services that may be provided to Vendor by Lashini.my or by third parties.

 

In consideration of the provision of Services, Lashini.my will be entitled to charge and invoice Vendor the Fee. Vendor agrees that Customers satisfy their obligations to Vendor as regards the Customer Agreement when Lashini.my receives the Sales Proceeds.

 

Lashini.my's obligation to remit funds received by it on Vendor's behalf is limited to the Payment. Lashini.my will provide to Vendor information in relation to each Order as necessary under the Agreement.

 

Lashini.my will provide support services to Vendor by way of coordinating and answering Customer enquiries and processing returns as provided in the Policies.

 

Vendors agrees that Lashini.my may provide Vendor with electronic documents such as tax invoice, receipt, credit note, debit note, or any other document Lashini.my may issue in compliance with the Laws.

 

Payment settlement to Vendor shall be in accordance with Lashini.my’s Fulfillment Policy in Appendix B of this Agreement.

 

 

         29 (B). . Sales Proceeds - Payment

 

Sales Proceeds will represent an unsecured claim against Lashini.my. Lashini.my may combine Sales Proceeds and Payments with the funds of other users of its services. For the avoidance of doubt, Vendor will not receive interest or any other earnings on Sales Proceeds or Payments.

 

Unless otherwise agreed in writing, Payments will be made by Lashini.my to Vendor in accordance with Schedule A.

 

Lashini.my may delay, suspend or cancel any Payment in case Vendor breaches any term of the Agreement or Customer Agreement and any Payment made to Vendor will not in any way be considered as a waiver of Lashini.my's rights.

 

If Lashini.my concludes that Vendor's actions and/or performance in connection with the Agreement or the Customer Agreement are likely to result, or have resulted, in Customer disputes, Disputes, chargebacks or other third party claims, or if there are any sums owed by Vendor to Lashini.my, then Lashini.my may, at its sole discretion, withhold any Payment for the longer of: i) the Minimum Suspension Period; ii) the completion of any investigation regarding Vendor's actions or performance; or iii) the resolution of any Dispute.

 

Lashini.my reserves the right to impose limits on Order or transaction values, on Customers or on Vendor and will not be liable if: i) Lashini.my does not proceed with an Order that would exceed said limit; or ii) Lashini.my allows a Customer to cancel an Order because the Platform or the Products are unavailable following the commencement of a transaction.

 

Without prejudice to any other rights and remedies which Lashini.my has against Vendor, if any sums payable by Vendor to Lashini.my under the provisions of the Agreement will become due and be unpaid, Vendor will pay to Lashini.my the Late Payment Interest.

 

To the extent required by the Laws, Lashini.my will be entitled to withhold any and all taxes, duties, fees and other charges in connection with any Order, Payment or otherwise under the Agreement or the Customer Agreement. If Lashini.my is required under the Laws or the law of any jurisdiction to deduct or withhold any sum as taxes imposed on or in respect of any amount due or payable to Vendor, Lashini.my will make such deduction or withholding as required and the amount payable to Vendor will be reduced by any such amount necessary. Lashini.my will provide Vendor a certificate or any similar document proving that amounts deducted refer to withholding taxes applicable to Vendor.

 

Any enquiry or dispute about any Payment will be made by in compliance with the claims/dispute process/policy of Lashini.my, which may be changed from time to time. Notwithstanding which any such enquiry or dispute will be received by Lashini.my on or before the expiration of one hundred and twenty (120) days after the Order date, failing which, Vendor waives the right to dispute such Payment.

 

  1. SET OFF:

 

Any sums owing or payable to the Vendor by Lashini.my will be subject to any claims and defenses made by Lashini.my against the Vendor. Lashini.my may set off and deduct against such sums all present and future amounts owing by the Vendor to Lashini.my, whether arising under this Agreement or otherwise, including without limitation, all expenses, costs and damages incurred by Lashini.my in connection with the Products as a result of the Vendor’s acts, omissions or negligence. Lashini.my may create and hold a reserve from amounts owing to Vendor against anticipated liabilities owing by Vendor to Lashini.my, including without limitation any liabilities in respect of future warranty and indemnity obligations.

 

  1. DEDUCTIONS:

 

The Vendor agrees that all invoice discrepancies, returns, promotional funds and coop and volume discounts will be deducted from any amounts owing by Lashini.my to the Vendor.

 

  1. DEBIT BALANCES:

 

The Vendor agrees that when the Vendor is in a debit balance on Lashini.my’s accounts, then the Vendor will deduct the amount owed to Lashini.my from the Vendor’s next invoice to Lashini.my or, within 30 days of a request from Lashini.my, the Vendor will deliver a cheque to Lashini.my for the full amount of the debit balance. In no event will Lashini.my be obligated to take a credit against future purchases.

 

  1. REMEDIES:

 

No exercise of any right or remedy by Lashini.my will preclude Lashini.my from exercising either independently or in combination, any other right or remedy available to Lashini.my by operation of law or otherwise. In the event Vendor fails to meet its obligations in this Agreement, Lashini.my may take any or all of the following actions as may be appropriate: (i) temporary or permanent removal of a SKU from the assortment, (ii) charge backs for third party costs associated with any such failure, and (iii) termination of the Agreement. The exercise by Lashini.my of any such right or remedy will not result in Lashini.my having any liability for any resulting loss or damage to the Vendor or the Vendor’s business.

 

  1. PURCHASE ORDER TERMS:

 

Shipment of Products by the Vendor in response to a Lashini.my purchase order will be deemed to be acceptance by the Vendor of the prices, quantities, expected delivery date and other additional terms set out in the purchase order. If the Vendor does not agree with the purchase order terms, then the Vendor must obtain an amended purchase order from Lashini.my before shipping the Products to Lashini.my. Lashini.my is not obligated to receive or accept Products shipped against a purchase order when the Vendor has not met the terms and conditions of the purchase order. Lashini.my may amend or cancel any purchase order delivered to the Vendor at any time prior to the shipment by the Vendor to Lashini.my of the Products specified in the purchase order. All Vendor invoices must be sent via Electronic Data Interchange (EDI) to Lashini.my. Purchase price for Vendor Direct Product must be negotiated and agreed to by Lashini.my prior to effective date of price. Vendor must provide Lashini.my with thirty (30) days written notice of any pricing changes. Any purchase prices that do not comply with the forgoing will not be applicable. Vendor will not reject or delay processing of any purchase orders from Lashini.my due to pricing discrepancies, provided that the purchase order pricing complies with the current price list.

 

  1. INTEREST:

 

If the Vendor is in default of any of the terms of this Agreement, or if the Vendor is in a debit balance on Lashini.my’s accounts (which debit balance cannot be offset against any amounts owing by Lashini.my to the Vendor) then the Vendor will pay Lashini.my interest at the rate of 2% per month (24% per annum), calculated monthly and not in advance, on all amounts owing by the Vendor to Lashini.my until paid in full by the Vendor including, without limitation, on any expenses, costs, legal fees or disbursements incurred by Lashini.my as a result of or in connection with such default.

 

  1. DISCONTINUED PRODUCTS:

 

A “Discontinued Product” will mean any Product that Vendor has stopped manufacturing or any Product that undergoes a change in appearance or packaging. Vendor agrees to provide Lashini.my with at least 90 days advance written notice of the occurrence of a Discontinued Product, or as soon as possible in the event that the discontinuance is caused by actions taken by a supplier of Vendor. Upon notice of a Discontinued Product, Lashini.my may, without penalty or liability, cancel any outstanding purchase orders pertaining to the Discontinued Product. With respect to Lashini.my’s existing inventory of Discontinued Product, Lashini.my may, in its sole discretion, either return such Discontinued Product at any time to Vendor for full credit or refund, or Vendor and Lashini.my will negotiate a cost markdown of such existing inventory.

 

  1. OPERATIONS STANDARDS:

 

Other terms that are relevant to doing business with a particular division, affiliate or subsidiary of Lashini.my may be found in operational guidelines published in Fulfillment Policy and Terms in Appendix B which are a part of this Agreement and incorporated herein by reference. Operational guidelines include but are not limited to Routing and Shipping Guides, Warranty Service and Return Procedures, Vendor Direct Fulfillment Policies and Procedures, Accounting Guidelines, Vendor Claims Guidelines, SKU Set Up Policy and Guidelines, all of which may be updated from time to time by Lashini.my upon notice to Vendor. Vendor will have thirty (30) days to comply with policy changes from the date they are published. Vendor acknowledges it has reviewed and can support the operations standards as per the Fulfillment Policy and Terms in Appendix B.

 

  1. TERM:

 

The term of this Agreement will be for a period of one year commencing on the date of acceptance of Vendor’s application by Lashini.my by email (the “Effective Date”). This Agreement will be automatically renewed for successive 12-month periods unless it is earlier terminated in accordance with the provisions of section 38 below.

 

  1. TERMINATION:

 

Either party may terminate this Agreement at any time upon 14 days prior written notice to the other. This Agreement may be terminated immediately by either party upon written notice to the other if the other party: (a) is wound-up or dissolved or otherwise ceases to carry on business; (b) becomes bankrupt or insolvent; (c) makes an assignment for the benefit of its creditors or proposes a composition or arrangement with its creditors generally; or (d) appoints a receiver or a receiver-manager (or if one is appointed) to the other party or any of its assets.

 

The provisions of sections 8, 12, 13, 14, 16, 17, 18, 19, 22, 23, 24, 25, 26, 27, 29, 30, 31, 32, 34, 35, 36, 37, 41, 42, 43, 45 and 46 will survive the termination of this Agreement.

 

  1. ENGLISH LANGUAGE:

 

This Agreement and all related documents have been drawn up in the English language at the express wish of the parties.

 

  1. GOVERNING LAW; JURISDICTION:

 

This Agreement will be governed by and construed in accordance with the laws of Malaysia, which will be deemed to be the proper law of this Agreement. Any dispute arising from, connected with or relating to this Agreement or any related matters must be resolved before the Courts of Malaysia, and the parties hereby irrevocably submit to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.

 

  1. ASSIGNMENT:

 

This Agreement may not be assigned by the Vendor either directly or indirectly, by way of an amalgamation, by operation of law or otherwise, without the prior written consent of Lashini.my, and any attempt to do so will be void and of no effect. If the Vendor is not a publicly traded company, then a change of the Vendor’s voting control will be deemed to be an assignment for purposes of this Agreement.

 

  1. ANTI-CORRUPTION:

 

Vendor agrees that neither it, nor anyone acting on its behalf, will violate any anti-bribery or anti corruption laws or international anti-bribery standards, regardless of their technical applicability to Vendor and including but not limited to the Canadian Corruption of Foreign Public Officials Act. Specifically, Vendor agrees that it will not, directly or indirectly, pay, promise or offer to pay, or authorize the payment of any money or anything of value to:

 

  1. a) an officer, employee, agent or representative of any government, including any department, agency or instrumentality of any government or any government-owned or government controlled entity or any person acting in an official capacity on behalf thereof; or b) a candidate for political office, any political party or any official of a political party; or c) any other person or entity while knowing or having reason to believe that some part on or all of the payment or thing of value will be offered, given or promised, directly or indirectly, to any person or entity described above for the purpose of influencing any act or decision of such government official, political party, party official, or candidate in his or its official capacity, including a decision to do or omit to do any act in violation of the lawful duty of such person or entity, or inducing such person or entity to use his or its influence with the government or instrumentality thereof to affect or influence any act or decision, in order to assist Lashini.my or Vendor in the promotion, marketing or sale of Products under this Agreement. In addition, no payment shall be made to anyone for any reason on behalf of or for the benefit of Lashini.my which is not properly and accurately recorded in the Intermediary’s books and records, including amount, purpose and recipient, all of which shall be maintained with supporting

 

  1. HOSTING:

 

Vendor comply with the terms and condition, including but not limited to internet link of Lashini.my’s hosting provider.

 

  1. AUDIT:

 

The onus of proof for product certification including “Halal” certification shall solely lie on the Vendor and shall have the legal standing to sell such products based on the said valid certification issued by competent authority.

 

Lashini.my may, upon reasonable written notice to Vendor, audit Vendor’s legal compliance, processes, locations and standards relating to the Products and the terms of this Agreement, including but not limited to Vendor’s product safety and certification compliance. Such audit will be conducted during regular business hours at the location specified by Lashini.my. Lashini.my may conduct such audit alone or together with qualified individuals experienced in such audits, at the option of Lashini.my. In the event of any such audit, Vendor will extend reasonable cooperation to Lashini.my, including, without limitation, providing all reasonable documentation required to complete the audit. Upon Lashini.my’s request, Vendor will provide Lashini.my with copies of any testing certificates Vendor has received for the Products. If Vendor cannot provide testing certificates for the Products, Lashini.my may request that Vendor perform such tests Lashini.my, in its sole discretion, deems necessary, at Vendor’s cost. Should such audit reveal that Vendor is not in compliance with its obligations pursuant to this Agreement or if Vendor is unable to provide a testing certificate for the Products, Lashini.my may, at its sole discretion, terminate this Agreement immediately or require Vendor to bring itself into compliance within a timeframe established by Lashini.my.

 

  1. MY’S RIGHTS:

 

Notwithstanding any provision in these Terms, Lashini.my will have the right, in its sole discretion, to delay or suspend listing of, or to refuse to list, or to de-list, or to require Vendor not to list, any or all Products that the Vendor makes available to be listed for sale through the Platform or be subject to Sales Traffic Activities, if any, provided by Lashini.my, or to deactivate the Vendor account/s of the Vendor.

 

Lashini.my may in its sole discretion withhold for investigation and/or refuse to process any Order. Lashini.my may use the services of one or more third party processors or financial institutions or such other service providers in connection with the Services.

 

The prices indicated in the Order will not be subject to any variations and, unless otherwise agreed in writing, will include fulfilment costs (e.g., packaging, storing or delivery costs) according to the Fulfilment Model. Lashini.my reserves the right to reject any particular form of Order or payment for the Products, and not to honor or accept any discounts, coupons, gift certificates, or other offers or incentives made available by Vendor.

 

Lashini.my may in its sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any Order. Vendor will stop and/or cancel orders of Products if so asked by Lashini.my (provided that Vendor has transferred the Products to the applicable carrier or shipper, Vendor will use commercially reasonable efforts to stop and/or cancel delivery by such carrier or shipper).

 

Where Vendor has already received Payment, Vendor will refund any Customer that has been charged for an Order that Lashini.my has stopped or cancelled. Lashini.my (directly or through a third party) will bear the risk of credit card fraud (e.g. fraudulent purchases arising from the theft or unauthorized use of a Customer’s credit card information) occurring in connection with the Order, except with respect to: i) Orders that Vendor does not fulfil in accordance with the Order information, or ii) any fraud directly or indirectly linked with Vendor. Vendor will bear all other risk of fraud or loss. Vendor will promptly inform Lashini.my of any changes to the nature or specifications of the Products or any pattern or behavior of fraudulent or other improper activity with respect to any of the Products that may result in a suspicion or higher incidence of fraud or other impropriety associated with transactions involving the Products.

 

Lashini.my may subject the Products or Vendor to Sales Traffic Activities, use mechanisms that rate, or allow Customers to rate or review the Products and/or Vendor's performance as a Vendor and Lashini.my may make these ratings and reviews publicly available.

 

  1. NOTICES:

 

All notices, requests, demands and other communications which are required or may be given under this Agreement will be in writing and will be deemed to have been duly given if hand-delivered or mailed by either registered or certified mail, return receipt requested, or by a nationally recognized overnight courier service, receipt confirmed. In the case of notices via first-class mail or courier service, notices will be deemed effective upon the date of receipt. Notices will be addressed to the parties as set forth below, unless either party notifies the other of a change of address, in which case the latest noticed address will be used:

 

Notices to Lashini.my:

 

Lashini Online Sdn.Bhd

18-2, Jalan puteri 2/5

Bandar Puteri Puchong

47100 Puchong

Selangor Darul Ehsan

 

Notices to Vendor: will be sent to address entered in the “New Vendor Questionnaire”.

 

  1. PERSONAL DATA:

 

Vendor undertakes, represents and warrants that it will use and process Personal Data: i) only for the purpose of the execution of the Agreement or Customer Agreement and not disclose it to third parties; ii) in accordance with the requirements under the applicable personal data protection law; and iii) in such manner that ensures Lashini.my remains in compliance with the requirement under the applicable personal data

protection laws. Vendor further warrants that it does implement sufficient security measures to ensure that the Personal Data are securely kept and maintained as required by the applicable personal data protection law and agrees to subject itself to the necessary audits undertaken by Lashini.my to ensure compliance of the above warranties and to immediately inform Lashini.my of any Personal Data incident it becomes aware of.

 

Vendor agrees to indemnify and hold harmless Lashini.my and each of its respective officers, employees, directors and agents from, and at Lashini.my's option defend against, any and all liens, damages, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgements, suits, proceedings, costs, disbursements or expenses of any kind or of any nature whatsoever (including third party claims, reasonable attorney’s fees, consultants’ fees, experts' fees and other costs of litigation) ("Personal Data Claims"), to the extent such Personal Data Claims arise from or may be in any way attributable to: i) any violation of the Agreement or the Customer Agreement by Vendor; ii) the negligence, gross negligence, bad faith or intentional or wilful misconduct of Vendor or its subcontractors (whether or not approved by Lashini.my);

or iii) any security incident for which Vendor is directly or indirectly responsible.

 

  1. GENERAL:

 

This Agreement, including any website references, addenda or exhibits attached hereto or incorporated by reference, contains the entire Agreement between the parties with respect to the subject matter hereof, supersedes all prior agreements, negotiations and oral understandings, if any, and may not be amended, supplemented, or modified by Vendor without an amendment in writing and signed by authorized representatives of Lashini.my. Lashini.my may amend this Agreement upon prior written (via email) notice to Vendor. Vendor may terminate this Agreement pursuant to section 39 if such amendment is unacceptable to Vendor. The headings appearing in this Agreement are for convenience of reference only and in no way limit or enlarge the interpretation or meaning of this Agreement. If any provision of this Agreement is held to be unenforceable by a court of competent jurisdiction, such provision will be more narrowly and equitably construed so that it becomes legal and enforceable, and the entire Agreement will not fail on account thereof and the balance of the Agreement will continue in full force and effect. The party entitled to the benefit thereof may waive any of the provisions of this Agreement. Neither party will be deemed, by any act or omission, to have waived any of its right or remedies hereunder unless such waiver is in writing and signed by the waiving party, and then only to the extent specifically set forth in such writing. A waiver with reference to one event will not be construed as continuing or as a bar to or waiver of any other right or remedy, or as to a subsequent event. This Agreement may be executed in one or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. Its own counsel hereto has represented each of the parties. In the event of a dispute, no provision of this Agreement will be construed in favor of one party and against the other by reason of the draftsmanship of this Agreement. Time will be the essence of this Agreement. A copy of this Agreement will be emailed to the email address entered in the “New Vendor Questionnaire”.

 

  1. MY’S RIGHT TO AMEND:

 

The terms and conditions of this agreement are subject to future change by Lashini.my at any time or date which would be deemed accepted by Vendor. Any changes are subject to laws in existence at the time of the Notice of Change Of Terms.

 

  1. SEVERENCE:

 

In the event that one or more of the provisions of this Agreement shall be invalidated for any reason by a court of competent jurisdiction, any provision so invalidated shall be deemed to be separable from the other provisions hereof and the remaining provisions hereof shall continue to be valid and fully enforceable.

 

 

Appendix A

 

Cancellation Returns

 

How Replacement Request Works?

 

Status of Replacement request can be tracked visiting My Orders page after Login The replacement Product is delivered to you at the time of pick-up. In some areas, the replacement is initiated after the originally delivered item is picked up by our Logistics Partner. We do send SMS/emails upon receiving Replacement request for the updates, Do check the same for the timely updates.

 

Products not eligible for Returns.

 

The table contains a list of products that are not eligible for returns:

 

Category                  Products that can't be returned

Auto Accessories      Additives, Air Fresheners, Brighteners, Cleaners, Bike/Car Stickers, Degreasers, Dent/Scratch Removers, Filler Putty, Liquid Solutions, Lubricants, Polish, Power Steering Fluids, Sealants, Oils and Wax

Automobiles              Cars, Mopeds, Motorcycles and Scooters

Bath and Spa            Bath Bubble/Salt/Sponge/Wash, Body Wash, Loofahs, Scrubs, Shampoos and Soaps

Baby Care                Bottle Nipples, Breast Nipple Care, Breast Pumps, Diapers, Ear Syringes, Nappy, Wet Reminder, Wipes and Wipe Warmers

Cleaning Products      Cleaning Gels, Detergents, Detergent Pods, Fabric Wash Products, Surface Cleaners, Stain Removers and Washing Bars/Powder

Computer                    Blank/Educational Media, CDs/DVDs, Ink Toners, Music, Movies and

Accessories                 Software

 

Fashion                        Baby Dolls, Clothing Freebies, Lingerie Wash-bags, Shapewear, Socks, Stockings and Swimsuits

Footwear Accessories Oils, Glue, Grease, Socks, Shoe Deodorants/Polish Creams/Sprays and Wax

Gardening Products   Plant Saplings, Plant Seeds and Soil Manure

Health Care                Antiseptic, Band Aid, Body Pain Relief, Eye Drops, First Aid Tape, Glucometer Lancet/Strip, Healthcare Devices and Kits, Medical Dressing/Gloves and pH Test Strip

Home Products           Adhesives, Barbeque wood, Bird/Insect Repellent, Contact Cement, Crack Fillers, Inks, Guitar/Yoyo Friction Stickers, Marker Refills, Mosquito Coil/Vaporiser/Vaporiser Refills, Naphthalene Balls, Scuba/Smoking-Pipe Mouthpieces and Sprays

Hygiene                       Cannula, Contact Lens, e-Hookah, Fake Moustache, Female Urination Devices, Menstrual Cups, Needles, Panty Liners, Shaving Products, Smoking Patch, Straws, Sweat Pads, Tampons, Teeth Whitening Products/Wipes, Tissues, Toilet Tissue Aid, Toilet Rolls and Women Intimate Care

Innerwear                    Bra Accessories, Briefs, Boxers, Lingerie Sets, Panty, Garter, Trunks and Vests

Music Instrument

& Accessories              Mouthpiece Cap/Pad/Set, Oils and Polish

 

Party Supplies              Balloons, Candles, Cut-outs, Decoration articles and Whistles

Festive Supplies           Hookah Charcoal/Flavor/Mouth-tip, Incense Sticks and Holi/Rangoli Color

Personal Care             Conditioners, Creams, Deodorants, Electric Ear Cleaners, Eyebrow/Eyelash/Hair Styling Products, Eye Mask, Face Wash, Face Care/Fairness Products, Fragrance, Fresheners, Gels, Hair Care, Kajal, Lens Solution, Lip Plumper/Stain, Blackhead/Makeup/Nail Paint Removers, Mascara, Mehendi, Nail Sanding Pad, Oils, Oral Hygiene Products, Perfumes,Hand/Toothbrush Sanitizers, Serums, Talc, Sunscreen, Tanning Liquid, Tattoo, Toners and Wigs

 

Check the Product Return Policy for more details.

 

Can items be returned after the time period mentioned in the seller's Returns Policy?

 

No, sellers will not be able to accept returns after the time period mentioned in the seller's Returns Policy.

 

Do I have to return the gift/complimentary when I return a product?

 

Yes, the gift/offer/complimentary must be returned along with the product.

 

How do returns work?

 

You can raise a request to return your items with these simple steps:

 

  1. Log into your lashini.my account
  2. Go to My Orders
  3. Click on 'Return' against the item you wish to return or exchange
  4. Fill in the details and raise a return request

 

Once you raise a request, you'll get an email and SMS confirming that your request is being processed. Based on the item, your request may be automatically approved, or you may be contacted for more details. If the request is approved, the item will be picked up after which you will get a replacement or refund. You can also track the status of your return request instantly from the 'My Orders' section of your Lashini account. You can also write to support@lashini.my for assistance.

 

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Appendix B

 

Lashini Online Sdn Bhd

Marketplace fees

 

Non Exclusive Sellers

 

(i) Selling own brand of product

 

(ii) Reselling other brands of products (new/used)

 

Commission Plan

Order Value

Commission Rate

Transaction Fee

Handling Fee( per order)

Total Fee

Below RM50

5%

2%

RM0.50

7%+RM0.50

More RM 50

5%

2%

Nil

7%

 

E-voucher/E-tickets

Order Value

Commission Rate

Transaction Fee

Handling Fee( per order)

Total Fee

Below RM 50

12%

2%

RM0.50

7%+RM0.50

 More RM50

12%

2%

Nil

7%

 

Exclusive Sellers

 

(i) Official brand (genuine & authentic product)

 

(ii) Top sellers

 

Commission Plan

 

1st 6 Month

 

Commission Rate

Transaction Fee

Handling Fee( per order)

Total Fee

First 6 month

0%

2%

RM0.50

2%+RM0.50

 

After 6th Month

Order Value

Commission Rate

Transaction Fee

HAndling Fee

(Per Order)

Total fee

Below RM50

5%

2%

RM0.50

7%+RM0.50

Above RM50

5%

2%

Nil

7%

 

Payment Settlement Timeline

 

  1. Order with Status “Delivered” only qualify for the payment Settlement.
  2. Account Statement is cut-off on every Sunday.
  • Orders with delivery status “Delivered” from Monday to Sunday will be Settled on the following Friday.
  1. Minimum withdrawal must be more then RM 100.

 

FULLFILLMENT POLICY AND TERMS

 

Below are the steps to fulfill your orders :

 

  • The moment an order enters your Seller Center, you are given up to 24 hours only to (1) process the order, (2) pack the item, and (3) hand it over to our pickup team to avoid order cancellations and eventual deactivation of shop.

 

  • Delivery of the Product

 

  • There are various delivery models for delivery of purchased Product to the Buyer, as decided by the Seller. The risk of any damage, loss or deterioration of the Products during the course or delivery or during transit shall be on the Seller and not on the Buyer. Seller represent and warrant that the Products being delivered are not faulty and are exactly those Products which are listed and advertised by Seller on the Website and purchased by the Buyer and meet all descriptions and specifications as provided on the Website.

 

  • Buyer's shipping address, pin code will be verified with the database of Website before a Buyer proceed to pay for Buyer's purchase. In the event Buyer's order is not serviceable by logistic service providers or by Seller or the delivery address is not located in an area that is covered under the order confirmation form, Buyer may provide an alternate shipping address on which the Product can be delivered by the logistics service provider or by the Seller.

 

  • Please note that there is no guaranteed dispatch time and any information about the dispatch time is estimate only and should not be relied upon as such. Therefore, time is not the essence of the bi-partite contract between the Buyer and the Seller for purchase and sale of Product on or through the Website. However, the Product shall not be delivered to the Buyer unless the Buyer makes the payment of the purchase of Product.

 

  • Buyer shall be bound to take delivery of the Products purchased by the Buyer that are said to be in a deliverable state. Where Buyer neglects or refuses to accept the delivery of the Products ordered by the Buyer, the Buyer may be liable to the Seller for such non-acceptance and shall further be liable to Lasnini Online Sdn Bhd for any loss of any fee or charges that Lashini Online Sdn Bhd and its third parties shall have earned from the Seller if such delivery or transaction should have been completed. Buyer acknowledges that such damages or loss to Lashini Online Sdn Bhd and its third parties are not consequential or indirect.

 

  • The title in the Products and other rights and interest in the Products shall directly pass on to the Buyer from Seller upon delivery of such Product and upon full payment of price of the Product. Upon delivery, the Buyer is deemed to have accepted the Products. The risk of loss shall pass on to the Buyer upon delivery of Product.

 

  • Provision of Services

 

1.2.1     Lashini fulfilment Partners shall provide:

              Within Peninsula Malaysia

  1. Express 1-2 Working Day/s; or
  2. Standard 1-3 Working Day/s

 

             Peninsula to East Malaysia

  1.             Standard 3-5 Working Day/s

 

delivery services for each parcel and it is the responsibility of the Seller to communicate and indicate its preference of service for each parcel.

 

1.2.2     For Express 1-2 Day deliveries, Lashini Fulfillment Partners shall deliver the parcel no later than 2 working days from the day of pick up between 9.00am to 10.00pm.

 

1.2.3     For 1-3 day deliveries, the Lashini Fulfillment Partners shall deliver the parcel no later than 3 working days from the day of pick up between 9.00am to 10.00pm.

 

1.2.4     For 3-5 day deliveries, the Lashini Fulfillment Partners shall deliver the parcel no later than 5 working days from the day of pick up between 9.00am to 10.00pm.

 

1.2.5     For 3-5 day deliveries, the Lashini Fulfillment Partners shall deliver the parcel no later than 5 working days from the day of pick up between 9.00am to 10.00pm.

 

  • Delivery Fee

 

  • The Buyer/Seller shall be charged for deliveries by the Ninja according to the rates in Table.

 

Weight

Peninsular Malaysia

Sabah

Sarawak

1Kg

RM 6.50

RM 14.00

RM 14.00

2Kg

RM 7.00

RM 24.00

RM 24.00

Below 5KG

RM 8.00

RM 53.00

RM 53.00

Below 10KG

RM 12.00

RM 95.00

RM 95.00

Below 15 KG

RM 18.00

RM 135.00

RM 135.00

Subsequence 1kg

Additional RM 1.80

RM 20

RM 20

 

  • Delivery fees will be subject to each parcel not exceeding the actual and dimensional weight limits of each price tier, otherwise pricing will follow the next weight tier.

 

  • A pick-up surcharge of RM2 applies for each pick-up of less than 3 parcels per location.

 

  • Seller must make sure check, verify and if needed amend your parcel weight to ensure the Dimension of the parcel are correct to avoid Sellers had to bear the extra cost if the item was charged with Volumetric Weight by the Lashini Fulfillment Partners.

 

  1. RULES FOR ACCEPTING SHIPMENTS

 

  • Before accepting shipment of any product, kindly ensure that the product’s packaging is not damaged or tampered. If the package is damaged or tampered, we request you to refuse delivery. We assure refund upon such refused delivery or non-delivery. If in case you choose to accept the product, you shall do it at your own risk.

 

  • The products for which installation is provided for, (Eg. television, washing machine, air-conditioner etc.) should not be opened by yourself, nor its packaging be opened or tampered with. Authorised personnel shall help in unboxing and installation of the product. In case, you choose to unbox the product or try installing the same, you shall do it at your own risk.

 

  1. Return Policy for Products

 

  • Buyer's Product related complainant for refund or replacement will the processed in accordance with the Return Policy available at https://www.lashini.my/page/return-policy . Both Buyer and Seller agree to this Return Policy. However, in the event of false, frivolous or baseless complaints regarding the delivery or quality of the Products, the Buyer will not be eligible for refund or replacement.

 

  1. RULES FOR RETURN & REPLACEMENT

 

  • Request to return for refund or replacement must be raised within 7 calendar days of delivery of the product at My Orders page.

 

 

 

 

 

  • Returns are subject to verification and checks in order to determine the legitimacy of complaint/return. During pick-up, your product shall be checked for the following conditions:

 

For

Condition

Correctness

IMEI/ name/ image/ brand/ serial number/ article number/ bar code should match and MRP tag should not be removed and clearly visible.

Completeness

All in-the-box accessories (like remote control, starter kits, instruction manuals, chargers, headphones, etc.), freebies, warranty/guarantee cards and combos (if any) should be present.

Non Usage

The product should be unused, unwashed, unsoiled, without any stains and with non-tampered quality check seals/ warranty seals (wherever applicable).

Non-damage (Product)

The product (including SIM trays/ charging port/ headphone port, back-panel etc.) should be undamaged and without any scratches, dents, tears or holes.

Non-damage (Packaging)

Product's original packaging/ brand box should be undamaged.

 

  • Products may be rejected for return if they are not returned as per the conditions mentioned above. Products may also be rejected for return (for refund or replacement) if sent directly to the Seller by you without our approval for the same, in which case you waive any and all claims against Lashini.my.

 

  • Refund/replacement shall be issued to you only after the product is received and verification of the same.

 

  • Replacement is subject to availability of the product (size, colour, etc.) and is limited to one request.

 

  • In case the replacement product is out of stock, a refund shall be initiated.

 

  • If the price of the replacement product is lower than the amount paid by you originally, a partial refund will be issued to you provided.

 

  • Products sold as combos/sets cannot be replaced or returned individually.

 

  • Products should be carefully packaged so that there is no damage during transit.

 

  • Lashini Online Sdn Bhd shall not be responsible for the products returned by mistake. In circumstances where a product not belonging to the Seller or transacted through Lashini.my is returned by mistake, Lashini Online Sdn Bhd or the Seller shall not be accountable for misplacement or replacement of the product and shall not responsible for its delivery back to the you. You waive any and all claims against Lashini Online Sdn Bhd in this regard.

 

  1. MODE OF PAYMENT FOR REFUND

 

  • We will initiate refund to the following modes:

 

Payment Mode

Refund Mode Option

Credit card/ Debit card/ Prepaid Payment Instrument eg. Wallets

Credit card/ Debit card/ Prepaid Payment Instrument eg. Wallets

Online Banking( FPX)

Ewallet/Online Banking (FPX)

Cash On Delivery

Ewallet/Online Banking(FPX)

Gift card/ Gift voucher

Ewallet/ Gift card/ Gift vouche

 

  • We may request for information/documents to verify your credentials before initiating the refund.

 

  • If the payment mode has expired or is no longer valid, we will refund you through one of the modes mentioned above as agreed by you.

 

  • All refunds shall be made in Malaysian Ringgit only.

 

  1. DEFECTIVE PRODUCTS

 

  • Some products are bound by the brand's specific policies regarding repair, replacement and returns. These policies are binding on you.

 

  • You expressly acknowledge that the Seller selling the defective product will be solely responsible to you for any claims that you may have in relation to such defective product and Lashini Online Sdn Bhd shall not in any manner be held liable for the same.

 

  1. Fraudulent Transactions

 

  • You shall not be entitled to receive the product or refund or replacement of the same if we find that any transaction(s) by you have misused the Website/App to perform any action that is considered to be illegal, fraudulent, unlawful whether under any current legislation or not. Lashini Online Sdn Bhd reserves the right to hold on to and forfeit such amounts received from you or to be received from you at a later date, or claim such amount from you against any taxes, duties, penalties, interest, losses, damages, liabilities, costs, expenses, claims, orders, judgments and consequences arising from investigation or enquiry by government or internal to Lashini Online Sdn Bhd.