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Acceptance of BoEing's Terms and Conditions of Sales and Purchases

By clicking below you are confirming your agreement to be bound to the terms below including BoEing's Terms and Conditions of Sales and Purchases.

Terms of Sales

These terms and conditions govern the conduct of the sale and purchase between the user who is desirous to purchase goods provided in this http://www.boeingphoto.com.my ("the Site") and sale of goods through the Site by Bo Eing Photo Sdn Bhd ( www.boeingphoto.com.my )

1.  PRICE

1.1 All prices of any of the products displayed on the Site ("the Products") are shown in Ringgit Malaysia (RM). The prices stated in the Site shall be the purchase price for the Products displayed therein, unless otherwise advised. You shall be charged according to the prices stated in the Site and such other miscellaneous charges such as surcharge, delivery fees, administrative charges and service charges (if any) unless otherwise expressly stated.

1.2 Bo Eing Photo Sdn Bhd reserves the right to vary the price of any of the Products or any prices provided on the Site without any prior notice. You may verify the prices of the Products with us from time to time before you place the order.

1.3 In the event of any technical error on the prices of the Products, Bo Eing Photo Sdn Bhd shall, upon receipt of your order, inform you through e-mail or telecommunication of the actual price of the Products as soon as possible.

1.4 Thereafter, you shall be able to either confirm your placement of order based on the actual price or cancel your placement of order within three (3) days from the date of our notification. In the event Bo Eing Photo Sdn Bhd does not receive your response or confirmation within three (3) days from the date of our notification, Bo Eing Photo Sdn Bhd shall cancel your order accordingly without any further notice to you. Bo Eing Photo Sdn Bhd  assumes no liability for any direct, incidental or consequential loss due to the cancellation of your placement of order. In the event you choose to cancel the order, we shall refund the payment to you in accordance with our Replace and Refund Policy provided below if you have made payments for the Products.

2.  AVAILABILITY OF GOODS

2.1 All the purchases which are to be made by you on the Site shall subject to the availability of the Products. In the event the Products that you ordered are not available, we shall notify you for any non-availability of the Products and seek your further instruction on the same. In the event you do not reply our e-mail or telecommunication within three (3) days from the date of such notification, we shall have the absolute discretion to cancel the entire transaction and refund the total purchase price made by you in full in due course. Bo Eing Photo Sdn Bhd assumes no liability for any direct, incidental or consequential loss due to the cancellation of the order.

3.  ACCEPTANCE

3.1 The 'confirmation' stage sets out the final details of your placement of order. As a result, Bo Eing Photo Sdn Bhd shall send to you an acknowledgement in the form of an e-mail pertaining to the Products you have ordered. Nonetheless this acknowledgement shall not be treated as a confirmation of your placement of order or an acceptance of your placement of order from Bo Eing Photo Sdn Bhd. If you do not receive the aforesaid confirmation pertaining to your order, please contact our customer service at the number or email address which is provided in the FAQ.

3.2 Upon your acceptance of the Products by executing the release form provided by the courier service company upon delivery of Products to the address provided by you, the agreement between Bo Eing Photo Sdn Bhd and you shall be concluded and you shall be deemed to be satisfied with the conditions of the Products. There shall not be any replacement or return of Products upon your acceptance of the Products.

4.  DELIVERY & SHIPPING POLICY

4.1	This website shall only be used for delivery of the Products to customers within the continental Malaysia only.

4.2	Bo Eing Photo Sdn Bhd shall deliver all the Products ordered or purchased by the courier service company of its choice. It shall be deemed that you agree for Bo Eing Photo Sdn Bhd to ship or deliver the Products with the courier service company of our choice upon your payment for the Products which you have ordered through the Site.

4.3	Bo Eing Photo Sdn Bhd shall deliver the Products within five (5) working days (excluding Saturdays, Sundays and Public Holidays), at its best effort, from the date of receipt of your placement of order unless and until otherwise informed or advised by Bo Eing Photo Sdn Bhd.

4.4	Bo Eing Photo Sdn Bhd will insured all the shipped parcel at our own cost (customer don't have to pay for the insurance).

4.5	Bo Eing Photo Sdn Bhd will take full responsibility in case of lost or damage parcel and compensate you with a new shipment or full refund.

4.6 A delivery charge shall be imposed on you in accordance with the amount as stated in the Site at the Delivery Info section. The delivery charges shall be included in your payment for the Products and the delivery charges are subject to changes.

4.7 Bo Eing Photo Sdn Bhd shall not refund the Delivery Charge once the Products have been delivered to you or collected by the courier service company from Bo Eing Photo Sdn Bhd or if you cancel the purchase of the Products after you have made payment for the Products.

4.8 In the event any of the failure to deliver the Products to you is due to your fault, oversight or mistake, the contract between you and Bo Eing Photo Sdn Bhd shall have no effect and thus your purchase of the Products shall be cancelled. The Products shall be re-delivered back to Bo Eing Photo Sdn Bhd and you shall bear all the relevant cost including but not limited to the Delivery Cost, the said re-delivery cost and any additional surcharge applicable ("the Relevant Cost"). Bo Eing Photo Sdn Bhd shall thereafter fully refund to you the full purchase price of the Products made by you minus the Relevant Cost after seven (7) working days (excluding Saturdays, Sundays and Public Holidays) upon our receipt of the Products.

4.9 Bo Eing Photo Sdn Bhd reserves the right to alter or amend the delivery times and a two- (2)-days prior notice shall be served on you. All delivery times quoted shall subject to stock availability and delivery location. Bo Eing Photo Sdn Bhd shall be under no liability for any delay or failure to deliver the Products within estimated timescales.

4.10 If you are not able to receive your delivery, you shall call us at least two (2) days before the agreed delivery date and Bo Eing Photo Sdn Bhd shall arrange for another date of delivery for you. If the Products have been dispatched according to the address provided by you, you shall bear all the costs for the redelivery of the Products, if you wish the Products to be redelivered to another place as directed by you.

4.11 Both Bo Eing Photo Sdn Bhd and the courier service company agreed that the Products shall only be sent to the stated consignee, and the release form shall only be executed by the said consignee unless the said consignee and Bo Eing Photo Sdn Bhd agree that the courier service company shall deliver the Products to a third party located in Peninsula Malaysia only.

4.12 You shall indemnify Bo Eing Photo Sdn Bhd for the lost of Products in the event you grant permission to the courier service company to release the Products to a third party without Bo Eing Photo Sdn Bhd's consent.

5.  REPLACE AND REFUND POLICY
          
5.1 Prior to any payment made, in the event you cancel your placement of order or Bo Eing Photo Sdn Bhd does not receive your placement of order due to, including but not limited to, any technical error or failure of the Site, there shall not be an agreement concluded between Bo Eing Photo Sdn Bhd and you and thus Bo Eing Photo Sdn Bhd shall not proceed with your placement of order. Bo Eing Photo Sdn Bhd assumes no liability for any direct, incidental or consequential loss due to the cancellation or non-reception of the placement of order.

5.2 In the event you have made payment for the Products but prior to the delivery of the Products by the courier service company, Bo Eing Photo Sdn Bhd shall fully refund the payment made by you accordingly if you have decided to cancel your placement of order Provided That the credit card holder who has made the payment for the Products ("the Cardholder") have furnished us with a notice of cancellation in writing or by facsimile transmission ("the Notice") within 12 hours from your placement of order and delivered or cause to be delivered the Notice to Bo Eing Photo Sdn Bhd without any delay. Bo Eing Photo Sdn Bhd shall only refund the purchase price to the cardholder and the refund shall be made into the same credit card account as provided by the Cardholder in full three (7) working days (excluding Saturdays, Sundays and Public Holidays) after Bo Eing Photo Sdn Bhd receipt of your notice and upon your fulfillment of Bo Eing Photo Sdn Bhd 's conditions for refund.

5.3 In the event you have paid for the Products and the Products have been delivered to you by the courier service company and you have executed the release form, you shall not be entitled to cancel your order and seek any refund from Bo Eing Photo Sdn Bhd, save and except that the Products delivered to you are actually defective ("the Defective Products") in which you shall be entitled to an option to either request for a full refund of the purchase price you have made or replacement of the Products from Bo Eing Photo Sdn Bhd. In the event you have opted for a full refund of the purchase price you have made, you shall fulfill all the following conditions:

(a) The buyer shall notify Bo Eing Photo Sdn Bhd in writing or by facsimile transmission within seven (7) days from the date of execution of release form provided by the courier service company and deliver or cause to be delivered the said notice in writing to Bo Eing Photo Sdn Bhd;

(b) You shall return or caused to be returned to Bo Eing Photo Sdn Bhd the Defective Products in its original condition and quantity as it is first delivered to you at your own cost. You will take full responsibility of the product damage/lost of the during the return shipment back to Bo Eing Photo Sdn Bhd ,thus is advice to use insured registered shipping.

(c) you shall deliver or cause to be delivered to Bo Eing Photo Sdn Bhd the proof in writing of your placement of order for the Products, payment and the delivery of the Products to you; and Bo Eing Photo Sdn Bhd shall only make or effect a full refund of the purchase price you have made to you within seven (7) working days (excluding Saturdays, Sundays and Public Holidays) after Bo Eing Photo Sdn Bhd's receipt of your notice and after Bo Eing Photo Sdn Bhd 's satisfaction of your fulfillment of the conditions herein stated.

5.4 In the event you have decided to request for replacement of the Defective Products, you shall fulfill the following conditions:

(a) Your fulfilment of conditions stated in Clause 5.3 (a) to Clause 5.3 (c) above; and

(b) The address or location whereby the Products were first delivered to you is within Klang Valley's area or otherwise you shall only be entitled to a full refund of the purchase price made by you upon your fulfillment of the conditions stated in Clause 5.3 (a) to Clause 5.3 (b) above. Bo Eing Photo Sdn Bhd shall only replace and deliver the Products to you within five (5) working days (excluding Saturdays, Sundays and Public Holidays), at its best effort, after Bo Eing Photo Sdn Bhd 's satisfaction of your fulfillment of the conditions herein stated.

5.5 In the event any of the failure to deliver the Products to you is due to your fault, oversight or mistake, the contract between you and Bo Eing Photo Sdn Bhd shall have no effect and thus your purchase of the Products shall be cancelled. The Products shall be re-delivered back to Bo Eing Photo Sdn Bhd and you shall bear the said re-delivery cost. Bo Eing Photo Sdn Bhd shall thereafter fully refund to you the full purchase price of the Products made by you minus the Delivery Charge and the said re-delivery cost within seven (7) working days (excluding Saturdays, Sundays and Public Holidays) after our receipt of the Products.

6.  PAYMENT

6.1	Bo Eing Photo Sdn Bhd currently only accepts credit card (VISA and MASTERCARD) with 3-D secure compliance payment through its website, direct bank-in through online active PBeBank , cheque deposit and cash deposit. Bo Eing Photo Sdn Bhd does not accept any payment of cash upon delivery of the Products. Neither does Bo Eing Photo Sdn Bhd allow for any of the Products ordered or purchased by you or to be replaced by Bo Eing Photo Sdn Bhd to be collected from any of its retail outlets. Bo Eing Photo Sdn Bhd shall also not allow for any of the Products to be returned to any of its retail outlets.
    
6.2	You are required to make payment to Bo Eing Photo Sdn Bhd from the secured Ipay88 online payment gateway for credit card purchase payment with 3% surcharge. Bo Eing Photo Sdn Bhd assumes no liability for any online payment made through the said secured Ipay88 online payment gateway and/or outside of the Bo Eing Photo Sdn Bhd website.

6.3 You will receive a confirmation upon your payment of your placement of order. If you do not receive any such confirmation, please contact our Customer Service at such details which are provided in FAQ.

6.4 www.boeingphoto.com.my reserves all rights to reject suspicious payment.

7.  AMENDMENTS
7.1	Bo Eing Photo Sdn Bhd may revise or amend any of these Terms and Conditions or any part hereof from time to time without any further notice to you.

8.  THE SITES CONTENTS

8.1 All materials displayed on the Site shall be controlled by Bo Eing Photo Sdn Bhd and/or shall belong to Bo Eing Photo Sdn Bhd and our rights and interests in relation thereto shall at all times be protected under the laws of copyright and such other intellectual properties. You shall not sell, transfer, modify, copy, transmit, distribute, display, reproduce, publish, license or create works from the Site or otherwise use them for any public or commercial use without our express written consent.	
     
8.2 Bo Eing Photo Sdn Bhd reserves the rights to amend, alter or remove any parts of the contents or materials of the Site or delete any features thereof, for any reasons at any time, without any prior notice and liability.

9.  INDEMINITY
          
9.1	You shall indemnify us for and against all losses, liabilities, damages, costs and expenses suffered or incurred by us, and all settlement sums paid by us as a result of any settlement agreed by us arising out of or in connection with:
          
  > any claim by any third party that the use of the Site is defamatory, offensive or abusive, or of an obscene nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
  > any claim by any third party that the use of the Site infringes any third party's copyright or other intellectual property rights of whatsoever nature;
  > any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Site; and
  > breach of any of the terms and conditions contained herein.

10. LIMITATION OF LIABILITY

10.1 Bo Eing Photo Sdn Bhd assumes no liability for any representation or statement made on the description, the quality or fitness for any particular purpose and of merchantable quality of any of the Products displayed. The Products displayed on the Site may vary from the actual Products including but not limited to the size, colour, shape, usage and weight ("the Attributes") of the Products. Bo Eing Photo Sdn Bhd shall not be responsible or liable for any losses, damages, costs and expenses suffered or incurred by you due to any difference of the Attributes of the actual Products delivered to you from the description of the Attributes of Products provided in the Site.

10.2 Bo Eing Photo Sdn Bhd assumes no liability for the availability of the Products listed on the Site as it depends on the availability of the Products. In the event the Products ordered by you are not available, Bo Eing Photo Sdn Bhd shall inform you of the unavailability of the Products either through e-mail or telecommunication.          
 
10.3 Bo Eing Photo Sdn Bhd assumes no liability for any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the Site or services including any delay in the delivery of the Products purchased through the Site.
                    
10.4 Bo Eing Photo Sdn Bhd assumes no liability for any utilization of the site including but not limited to any direct, incidental or consequential loss or damages of whatsoever nature.
                  	
10.5 Bo Eing Photo Sdn Bhd assumes no liability for the availability of the Products for sale, nor does it assume liability that the price of the products shall remain unchanged.

10.6 www.boeingphoto.com.my assumes no liability for any cancellation of  buyer purchase order and reject of suspicious buyer payment.

11. EXCLUSION PROVISION

11.1 All representations, warranties, descriptions or statements of the Products made on the Site are only for reference only. Bo Eing Photo Sdn Bhd shall not be liable for any losses, damages, costs, suits or any legal proceedings howsoever arise due to any representation, warranties, description or statements herein contained or made.

12. FORCE MAJEURE

12.1 Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by any conditions which are beyond the control of the parties here to including, but not limited to Acts of God, Government's orders or restrictions (including denial or cancellation of any export or other necessary license), wars, insurrections and/ or any other cause beyond the reasonable control of the parties whose performance is affected.
         
12.2 Neither party shall be liable for any failure or delay in performance under these Terms and Conditions (other than for the delay in the payment of money due and payable hereunder) to the extent that the said failures or delays are caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including but without limited to, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance or obligations under this Agreement, Provided That, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the causes relied upon. Dates by which performance or obligations are scheduled to be met shall be extended for a period of time equal to the time lost due to any failure or delay so caused.
   
         
13. APPLICABLE LAW

13.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes shall be decided only by the courts of Malaysia.
        
14. EXPIRY DATE ON CARD PAYMENT

14.1 You shall ensure that the expiry date of your card shall only take place after the anticipated dispatch date of your order. Payment is taken at the point of dispatch for goods and in the event that the payment card has expired we shall not be able to take payment and fulfill your order.

I agree to the above terms & Conditions