Malaysia Express Shipping

Terms and Conditions

MES Parcel Forwarding Service Terms and Conditions (For customers based in Malaysia only)

 

 

1 Introduction

 

1.1 www.malaysiaexpressshipping (the Site) is operated by Malaysia Express Shipping Ltd (we, us and our). We are registered in United Kingdom under company number 11691923

. Our registered office is at H5 Ash Tree Court, Nottingham Business Park, Nottingham, England, NG8 6PY

 

 

1.2 The terms contained in this document (Terms of Trade) apply to all transactions for the purchase of Services (as defined in condition 2.1 below).

 

1.3 In order to use the Services you must become a registered member of the Site (a Registered Member) by following the instructions on the Site.

 

1.4 Please read these Terms of Trade carefully before you become a Registered Member. By registering as a Registered Member and using the Services, you agree to be bound by these Terms of Trade, which form a legal agreement between you and us and can only be amended with our consent.

 

1.5 Your use of the Site is also subject to our Terms of Use. You should also read our Privacy Policy.

 

1.6 We reserve the right to change these Terms of Trade from time to time without prior notice to you. Any change will not affect the provision of Services concerning any order that you place or Goods that we receive on your behalf from a Supplier (each as defined in condition 2.1.1 below) before that change is implemented.

 

 

2 Registration

 

2.1 We offer the following services (the Services):

 

Forwarding Service

 

2.1.1 Whenever you arrange for goods (Goods) to be sent to the unique MES Services address assigned to you when you became a Registered Member (MES Services Address), we will forward those Goods to our Self-Collection Centre in Kuala Lumpur or your Delivery Address in Malaysia (the Forwarding Service) with additional fees. You may arrange for Goods to be sent to your MES Services Address in the following ways:

 

(a) by placing an order directly with a supplier (Supplier), specifying your MES Services Address as the delivery address for the Goods; or

 

(b) by way of the Personal Shopper Service (described in condition 2.1.2 below); or

 

(c) by way of the Distribution Service (described in condition below 2.1.3 below).

 

Whenever we receive Goods at your MES Services Address, we will contact you to arrange the forwarding of those Goods to our Self-Collection Centre in Kuala Lumpur or your Delivery Address in Malaysia.

 

We will charge you a fee for using the Forwarding Service (the Forwarding Fee) which, if the Goods arrived at your MES Services Address by way of the Personal Shopper Service or the Distribution Service, must be paid in addition to the Personal Shopper Service Fee or the Distribution Service Fee (as applicable). The amount of the Forwarding Fee will be agreed with you when we contact you to arrange the forwarding of your Goods to our Self-Collection Centre in Kuala Lumpur or your Delivery Address in Malaysia. As soon as we receive full payment of the entire Fee from you (as defined in condition 9.2 below), we will dispatch the Goods to our Self-Collection Centre in Kuala Lumpur or your Delivery Address in Malaysia.

 

Personal Shopper Service

 

2.1.2 The Personal Shopper Service is available to personal customers only.

 

If you are a personal customer, you may, subject to condition 4, place an order with us requesting that we, as your agent, place an order with a Supplier for specific Goods on your behalf. We will pay the Supplier for those Goods and arrange for their delivery to your MES Services Address.

 

(the Personal Shopper Service)

 

We will charge you a fee for using the Personal Shopper Service (the Personal Shopper Fee). You must pay the full price of the Goods and the Personal Shopper Service Fee before we can place any order with the Supplier. After we have received the Goods at your MES Services Address, we will contact you to arrange the forwarding of those Goods to your Delivery Address using the Forwarding Service.

 

Distribution Service

 

2.1.3 The Distribution Service is available only to business customers that are either:

 

(a) a business customer registered in Malaysia; or

 

(b) a business customer registered in a country outside Malaysia (a Worldwide Business Customer).

 

If you are a Business Customer in Malaysia or a Worldwide Business Customer, you may, subject to condition 5, place an order with us requesting that we, in the capacity of principal, place an order with a Supplier for specific Goods. We will purchase those Goods, arrange for delivery to your MES Services Address and will sell those Goods to you at an agreed price.

 

(the Distribution Service).

 

We will charge you a fee for using the Distribution Service (the Distribution Service Fee). You must pay the full price of the Goods and the Distribution Service Fee before we can place the order with the Supplier. After we have received the Goods, we will contact you to arrange the forwarding of those Goods to our Self-Collection Centre in Kuala Lumpur or your Delivery Address in Malaysia using the Forwarding Service. Provided that you have complied with condition 5, we will sell the Goods to you (and charge the Distribution Service Fee to you) zero-rated for Malaysia SST purposes.

 

2.2 By registering as a Registered Member and using one or more of the Services above, you confirm that your ultimate delivery address (to be specified by you when you become a Registered Member) (your Delivery Address) is, in each instance, within one of the countries to which, according to the Site, we are willing to send Goods (as may be amended by us in our sole discretion from time to time).

 

2.3 We are only able to provide the Services where your Delivery Address is located in Malaysia. If we receive Goods to be sent to a Delivery Address, not in Malaysia, we will dispose of the Goods as we see fit and shall not be liable to you in any way. We cannot accept any order placed by way of the Distribution Service where the Delivery Address is not in Malaysia. Again, we shall not be liable to you in any way in relation to those Goods.

 

2.4 We will charge you an administration fee of RM50 when you become a Registered MES Basic Package and RM260 for MES Premier Package.

 

2.5 After you have become a Registered Member we will provide you with your unique MES Services Address.

 

2.6 As a Registered Member, you will be responsible for all Goods sent to your MES Services Address, even if another person is using your MES Services Address. We will assume that any Goods we receive from a Supplier to your MES Services Address have been ordered by you for us to forward to our Self-Collection Centre in Kuala Lumpur or your Delivery Address in Malaysia (under the Forwarding Service). Therefore, you should be careful not to pass on details relating to your membership of the Site to anyone that is not authorised to arrange for Goods to be sent to your MES Services Address.

 

2.7 Where, under condition 10 below, you indicate that you want the Goods to be insured when they are sent to you from us by the Forwarding Service, you must:

 

2.7.1 if placing an order directly with a Supplier specifying your MES Services Address as the delivery address for the Goods, insert "-S" after the first line of your MES Services Address; or

 

2.7.2 if placing an order by way of the Personal Shopper Service or the Distribution Service, tell us that you wish to insure the Goods when you place your order.

 

2.8 You can cease to be a Registered Member at any time by emailing us through info@malaysiaexpressshipping.com

 

 

3. Using the Services

 

The terms set out in this condition 3 apply to all Services that we offer.

 

3.1 If you place an order for Goods directly with a Supplier, you must provide your MES Services Address as the address to which the Supplier should send those Goods.

 

3.2 We are only able to receive Goods between 0800hrs and 1800hrs Monday to Friday (London, UK, time) and 0900hrs and 1300hrs Saturday (London, UK, time). When you place an order for Goods directly with a Supplier, you will need to tell the Supplier of this. We will not be liable to you for any Goods delivered outside those hours.

 

3.3 We are only able to receive Goods from Suppliers based in the European Union. Any Goods that we receive from any other location will either be rejected or disposed of as we see fit. We shall not be liable to you in relation to those Goods.

 

3.4 In placing an order with us, you confirm that the Goods have been purchased from a retailer that is authorised to sell the Goods in the country in which you are based. You also confirm that if the Goods benefit from a manufacturer’s warranty, that warranty will be valid and enforceable in the country in which you are based.

 

3.5 Acceptance of your request for us to provide Services to you in accordance with these Terms of Trade shall take place:

 

3.5.1 if you placed an order directly with a Supplier specifying your MES Services Address as the delivery address for the Goods when we dispatch your Goods to our Self-Collection Centre in Kuala Lumpur or your Delivery Address in Malaysia by way of the Forwarding Service; or

 

3.5.2 if you are using the Personal Shopper Service when we have received the full price payable for the Goods and the Personal Shopper Service Fee for those Goods; or

 

3.5.3 if you are using the Distribution Service when we have received the full price payable for the Goods and the Distribution Service Fee for those Goods.

 

3.6 Subject to conditions 3.2 and 3.3 above, risk in the Goods will pass to us on the date we receive the Goods. Risks in the Goods will pass to the Courier (as defined in condition 3.8 below) on the date we pass the Goods to the Courier.

 

Title in the Goods will pass in accordance with the following:

 

Order Placed with Supplier

 

3.6.1 title in the Goods shall remain with the Supplier until you make payment in full for those Goods to the Supplier, at which point title will pass to you.

 

Personal Shopper Service

 

3.6.2 title in the Goods shall remain with the Supplier until we make payment in full for those Goods on your behalf, at which point, provided we have already received payment in full for those Goods from you, title will pass to you.

 

Distribution Service

 

3.6.3 title in the Goods shall remain with the Supplier until we make payment in full for those Goods, at which point title will pass to us. Title in the Goods will pass from us to you once we have received payment in full for the entire Fee (as defined in condition 9.2 below).

 

3.7 After we have received the Goods we will process them through our warehouse. While processing the Goods, through our warehouse, we may need to inspect the Goods, which could include opening packages where necessary. If we do this, we will re-pack the Goods so they are packaged to a similar standard to when we received them. Although we will use reasonable endeavours to avoid doing so, you acknowledge that as part of this inspection we may have to break the seals on some Goods. We do not accept any liability for any damage caused as a result (unless it is due to our negligence).

 

3.8 All Goods will be delivered to our Self-Collection Centre in Kuala Lumpur or your Delivery Address in Malaysia by way of the Forwarding Service by a courier appointed by us (the Courier).

 

3.9 In certain limited circumstances (such as where we receive Prohibited Goods or Restricted Goods, as defined in conditions 6.1 and 6.2 below) we may, where we think it is reasonable, refuse to provide the Services in relation to Goods we receive from a Supplier. If this happens, we will return the Goods to that Supplier.

 

 

4 Personal Shopper Service

 

4.1 This condition 4 shall govern the Personal Shopper Service described in condition 2.1.2.

 

4.2 The Personal Shopper Service Fee is set out on the Site and is in addition to the Forwarding Fee.

 

4.3 When placing an order for the Personal Shopper Service you must provide us with the following product information so that we may process your order:

 

4.3.1 brand;

 

4.3.2 manufacturer;

 

4.3.3 model number;

 

4.3.4 size;

 

4.3.5 colour;

 

4.3.6 type;

 

4.3.7 quantity;

 

4.3.8 shipping cost to your MES Services Address;

 

4.3.9 price; and

 

4.3.10 a URL link to the item on the website of your nominated Supplier.

 

4.4 We may refuse to accept any order placed by you for the Personal Shopper Service in our absolute discretion (including, without limitation, where the Goods do not comply with the requirements set out in these Terms of Trade).

 

4.5 When placing an order for us to provide the Personal Shopper Service, you:

 

4.5.1 acknowledge that if we place an order on your behalf, we do so as your agent;

 

4.5.2 acknowledge that we do not accept any liability in relation to any Goods we order, except to the extent expressly set out in these Terms of Trade and that, if the Goods are faulty, you will contact the Supplier and/or manufacturer of the Goods directly and not us; and

 

4.5.3 agree that we may, at our option, obtain identical Goods from an alternative Supplier to your nominated Supplier (provided that the price charged by that alternative Supplier is the same or less than the price charged by your nominated Supplier). We are not required to pass on to you any cost savings or commission we gain as a result of obtaining the Goods from an alternative Supplier in this way.

 

4.6 By placing an order for the Personal Shopper Service, we will assume that you also wish us to provide the Forwarding Service as set out in these Terms of Trade.

 

4.7 Before we can accept your order for the Personal Shopper Service, we will contact your nominated Supplier to confirm the correct price of the Goods and their availability. If the Goods can only be sourced with that Supplier at a higher price than you have specified, we will try to identify an alternative Supplier in accordance with condition 4.5.3 above. If we are unable to identify an alternative Supplier, we will contact you to confirm (a) the price at which the Goods may be sourced from your nominated Supplier; and (b) the identity of an alternative Supplier and the price at which identical Goods may be sourced from that Supplier. We will not place any order with an alternative Supplier until you have confirmed to us that you agreed for us to do so. If the Goods are unavailable, we will notify you and cancel your order.

 

4.8 We must receive the full price payable for the Goods together with the Personal Shopper Service Fee before we can accept your order. We will, in our discretion either:

 

4.8.1 require you to pay the price payable for the Goods and the Personal Shopper Service Fee at the time you place your order (this amount will be refunded if we do not accept your order); or

 

4.8.2 send you an invoice by e-mail for the price payable for the Goods and the Personal Shopper Service Fee.

 

4.9 Upon receiving of the full price payable for the Goods and the Personal Shopper Service Fee, we will place an order for the Goods as soon as reasonably practicable.

 

 

 

5 Distribution Service

 

5.1 This condition 5 shall govern the Distribution Service described in condition 2.1.3.

 

5.2 If you are a:

 

5.2.1 Malaysian Business Customer, please provide us with your full SST registration number when you become a Registered Member.

 

5.2.2 Worldwide Business Customer, please provide us with your full registered company address, including the country in which you are registered, when you become a Registered Member.

 

5.3 If you are a Malaysian Business Customer or Worldwide Business Customer, we will set the Distribution Service as your default Service, but you may still place orders directly with Suppliers for delivery to your MES Services Address if you wish. For the avoidance of doubt, the Personal Shopper Service will not be available to Malaysian Business Customers or Worldwide Business Customers.

 

5.4 The Distribution Service Fee is set out on the Site and is in addition to the Forwarding Fee.

 

5.5 When placing an order for the Distribution Service, you will be required to provide us with the following product information in order that we may process your order:

 

5.5.1 brand;

 

5.5.2 manufacturer;

 

5.5.3 model number;

 

5.5.4 size;

 

5.5.5 colour;

 

5.5.6 type;

 

5.5.7 quantity;

 

5.5.8 cost for the item to be shipped to us;

 

5.5.9 price (which, if you are a Worldwide Customer must be the price exclusive of VAT or other local sales tax); and

 

5.5.10 a URL link to the item on the website of your nominated Supplier

 

5.6 If you are a Malaysian Business Customer, when placing an order for the Distribution Service you must also provide the following information:

 

5.6.1 the name of the Company, Registered Address and Company registration number.

 

5.6.2 your full SST registration number.

 

5.7 We may refuse to accept any order placed by you for the Distribution Service in our absolute discretion (including, without limitation, where the Goods do not comply with the requirements set out in these Terms of Trade).

 

5.8 By placing an order for us to provide you with the Distribution Service, you acknowledge and agree:

 

5.8.1 that if we place an order on your behalf, we will do so as a distributor; and

 

5.8.2 that we shall not be liable to you in relation to any Goods that we order, except to the extent expressly set out in these Terms of Trade. If the Goods are faulty, please contact the Supplier and/or the manufacturer of the Goods directly. In the event that the Supplier and/or the manufacturer are unable or unwilling to rectify the fault, you may contact us. We will then use our reasonable endeavours to secure the repair and/or replacement of the faulty Goods on your behalf; and

 

5.8.3 that we may, at our option, obtain identical Goods from an alternative Supplier to your nominated Supplier (provided the price charged by that Supplier is the same or less than the price charged by your nominated Supplier) and that we are not required to pass on to you any cost savings or commission we gain as a result of obtaining the Goods from that alternative Supplier; and

 

5.8.4 that, if you are a Malaysian Business Customer, you are a SST registered company; and

 

5.8.5 that, if you are a Worldwide Business Customer, you are a company registered in the country or territory outside of the European Community that you indicated when you became a Registered Member.

 

5.9 By placing an order for the Distribution Service, you acknowledge that we are required to show evidence the removal of Goods from the UK in order that those Goods may be provided to you zero-rated for UK VAT purposes. Accordingly, you will, where requested, assist us in providing evidence of the delivery of the Goods to you, including, but not limited to, providing us with copies of the following documents: order forms, correspondence, sales invoices, packing lists, invoices from hauliers, bank statements and consignment notes confirming receipt of the Goods at our Self-Collection Centre in Kuala Lumpur or your Delivery Address in Malaysia.

 

5.10 By placing an order for the Distribution Service, we will assume that you are also placing an order for us to provide the Forwarding Service as set out in these Terms of Trade.

 

5.11 Before we can accept your order for the Distribution Service, we will contact your nominated Supplier to confirm the correct price of the Goods and their availability. If the Goods can only be sourced with that Supplier at a higher price than you have specified, we will try to identify an alternative Supplier in accordance with condition 5.8.3 above. If we are unable to identify an alternative Supplier, we will contact you to confirm (a) the price at which the Goods may be sourced from your nominated Supplier; or (b) the identity of an alternative Supplier and the price at which identical Goods may be sourced from that Supplier. We will not place any order with an alternative Supplier until you have confirmed to us that you agreed for us to do so. If the Goods are unavailable, we will notify you and cancel your order.

 

5.12 We must receive the full price payable for the Goods together with the Distribution Service Fee before we can accept your order. We will, in our discretion either:

 

5.12.1 require you to pay the price payable for the Goods and the Distribution Service Fee at the time you place your order (this amount will be refunded if we do not accept your order); or

 

5.12.2 send you an invoice by e-mail for the price payable for the Goods and the Distribution Service Fee.

 

5.13 Upon receiving the payment for the Goods and the Distribution Service Fee, we will place an order for the Goods as soon as reasonably practicable.

 

 

6 Restrictions on your use of the Services

 

6.1 You must not arrange for a Supplier to send Goods to the MES Services Address, or place any order with us:

 

6.1.1 in any three month period in relation to more than 10 of the same or similar types of Goods;

 

6.1.2 where the total value of the Goods in that order exceeds £2500 or where the weight of the Goods in that order exceeds 90kg (Restricted Goods) without contacting us in advance for us to confirm that we are willing to accept those Restricted Goods. As a condition to accepting Restricted Goods, we may require an additional payment from you.

 

6.2 You must not arrange for any Goods to be sent to us, or place an order for any Goods with us, where those Goods:

 

6.2.1 may be hazardous or dangerous;

 

6.2.2 are not permitted for carriage by air;

 

6.2.3 cannot lawfully be delivered to the jurisdiction in which the Delivery Address is located; or

 

6.2.4 are listed in condition 13 of these Terms of Trade (or otherwise notified to you by us from time to time or set out on the Site) (Prohibited Goods).

 

6.3 Save as provided in condition 6.1.2, in no circumstances will we accept any order for Prohibited Goods or Restricted Goods. If you are unsure if any Goods are Prohibited Goods or Restricted Goods, please contact us by email at info@malaysiaexpressshipping.com before placing your order with the Supplier or, in the case of the Personal Shopper and Distribution Service, with us.

 

6.4 If Prohibited Goods or Restricted Goods are sent to us:

 

6.4.1 we will deal with them as we see fit which may include disposal (and will charge you for any costs and expenses we incur); and

 

6.4.2 you will indemnify us and keep us and our employees, sub-contractors and agents indemnified against any and all resulting losses, damage and/or injuries.

 

6.5 You must not use your MES Services Address, including declaring it as your residential address, in the application for, renewal of or replacement of any official documents or for the registration of any business, partnership or company. This includes but is not limited to using your MES Services Address in driving licenses, passports or certificates of incorporation. We will not forward official documents to you and will dispose of them as we see fit.

 

6.6 You must not apply for credit, mortgages or loans using your MES Services Address.

 

6.7 You must not provide your MES Services Address as your address to any governmental, regulatory, legal or financial organisation.

 

6.8 The Services are intended only to facilitate the purchase of goods and the receipt and forwarding of goods as described in these Terms of Trade. Any other use of the Services or your MES Services Address must be explicitly agreed by us in writing and in advance. For example, the Services do not include forwarding correspondence received at your MES Services Address.

 

6.9 Unless they are faulty, incorrect or damaged we will not return the following types of goods to retailers without prior written agreement: limited release goods such as special edition sneakers or shoes; high value goods or collectible goods in high demand that have been ordered in quantities greater than two; goods sourced from outside the EU; custom, one-off or bespoke goods, or any goods that the original seller will not accept on return. Furthermore, in all circumstances, we will not return goods if by doing so we believe it may harm our reputation or business. (For example, because you have ordered a lot of goods with the intention of reselling them but having been unable to, and you wish to return them. We will not facilitate that type of activity.)

 

 

7 International deliveries

 

7.1 You authorise us and our Couriers to complete any necessary documentation for the purpose of customs clearance (where we are legally permitted to do so).

 

7.2 Goods you require us to send through the Services may be subject to import duties and taxes. You will be responsible for these. We have no control over such charges and cannot advise you as to what they may be, although your local customs office may be able to assist.

 

7.3 You will be regarded as the importer of any Goods that we send to you through the Services, and it is your responsibility to comply with all laws and regulations of the country in which the Goods are to be delivered. Such Goods may be subject to opening and inspection by customs authorities.

 

 

8 Delivery and Storage

 

8.1 We will aim to ensure that all Goods that we receive at your MES Services Address are forwarded to our Self-Collection Centre in Kuala Lumpur or your Delivery Address in Malaysia (by way of the Forwarding Service) as soon as possible after receiving your instructions and payment to do so. Goods will normally be forwarded within 48 hours of payment, although it may take longer where we, acting reasonably, suspect that Restricted Goods or Prohibited Goods have been sent to us, or that the Goods may be fraudulent or otherwise unsuitable for export. Delivery times for the Forwarding Service vary according to your Delivery Address and the Courier you select but should take no longer than 10 business days (excluding time spent in customs which is beyond our control) from the date on which we dispatch the Goods to you. Deliveries may require your signature to confirm receipt.

 

8.2 We may, prior to dispatching the Goods to our Self-Collection Centre in Kuala Lumpur or your Delivery Address in Malaysia (by way of the Forwarding Service) and in our discretion, contact you to offer you the option of receiving the Forwarding Service by way of a low cost or pallet based service as opposed to a normal Courier. Where you agree to receive the Forwarding Service in this way, we will agree with you an alternative Forwarding Fee before we dispatch the Goods to your Delivery Address. When using this low cost or pallet-based service, your delivery time should not exceed 30 business days. We will not accept any liability for the loss, damage or destruction of Goods after they have been delivered to you.

 

8.3 We will store Goods that we receive at your MES Services Address for up to 30 days without charge while we await your instructions to ship and your payment for the Forwarding Service. After this time we will charge a daily storage fee for each package we have stored beyond 30 days. The fee for each package will accrue daily until the package is shipped or disposed of. The fee we charge for storage is set out on the Site or in an email we send you before the charge is incurred.

 

 

9 Prices and payment

 

9.1 Before you place an order with a Supplier for delivery to your MES Services Address, we suggest that you ask us at info@malaysiaexpressshipping.com to obtain an indicative price for us providing the Forwarding Service to you.

 

9.2 The full fee that you must pay to us for each order (the Fee) shall comprise:

 

9.2.1 the cost of the Goods ordered (which shall be zero where you have placed an order directly with a Supplier and have already paid the Supplier for those Goods); and

 

9.2.2 the Personal Shopper Fee or Distribution Service Fee (if applicable); and

 

9.2.3 the Forwarding Fee agreed with you.

 

9.3 The Personal Shopper Service Fee and Distribution Service Fee shall each be set out on the Site from time to time.

 

9.4 The Forwarding Fee will be agreed with you before we send the Goods to our Self-Collection Centre in Kuala Lumpur or your Delivery Address in Malaysia. The Forwarding Fee will be dependent upon (i) the charges made by the Courier and (ii) the size and weight of the package as measured and determined by us when we receive the Goods from the Supplier at your MES Services Address.

 

9.5 All prices on the Site are in Malaysian Ringgit (RM), exclusive of MY SST. Prices may change at any time. Where you place an order with us for the Distribution Service, we shall, provided that you comply with your obligations in condition 5, deliver the Goods to you (and charge the Distribution Service Fee to you) zero rated for UK VAT purposes.

 

9.6 Whenever we receive Goods at your MES Services Address, we will contact you using the details you provided when you became a Registered Member (or subsequently) to confirm the full amount of the Fee and to take payment from you using bank transfer (a Direct Payment). If we are unable to contact you in order to make a Direct Payment, or you are unable to make a Direct Payment for any reason, we will promptly send to you an invoice for the amount of the Fee (an Invoice Payment). For the avoidance of doubt, we will not dispatch the Goods to you until we have received full payment for the Goods and the entire Fee.

 

9.7 If we are unable to contact you within 10 business days of receiving Goods from a Supplier at your MES Services Address, we may return the Goods to that Supplier.

 

9.8 You are responsible for the Courier’s costs where:

 

9.8.1 we return any Goods to you;

 

9.8.2 we return any Goods to the Supplier; or

 

9.8.3 any Goods are returned to us because you are not available or refuse to accept delivery of those Goods at the Delivery Address on the date of attempted delivery by the Courier.

 

9.9 Where, under condition 9.8 above, you are required to pay Courier costs, we will contact you so you may make a Direct Payment for those costs.

 

9.10 All payment card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment we will not be able to send your Goods, will not be obliged to inform you of the reason for the refusal and we will not be liable for non-delivery. In these circumstances, we will try to contact you again to obtain valid payment details. If you do not provide a successful Direct Payment promptly, we will deal with the Goods as we see fit.

 

9.11 We are not responsible for your card issuer or bank charging you as a result of our processing of your Direct Payment.

 

9.12 All payment transactions will be processed on our behalf by our nominated payment merchant. This means that your credit/debit card details are provided directly to the payment merchant and are never revealed to us. The payment merchant shall operate a secure server to process your payment details. The payment merchant shall encrypt your credit/debit card information and shall authorise payment.

 

 

10 Our liability and optional insurance

 

10.1 Subject to the remaining provisions of this condition 10, in relation to each consignment of Goods we receive from a Supplier or order on your behalf by way of the Personal Shopper or Distribution Service, our liability to you in contract, tort (including negligence), breach of statutory duty or otherwise shall not exceed the lesser of the:

 

10.1.1 repair or replacement cost of the Goods contained in that consignment;

 

10.1.2 liability of the Courier to us in relation to the Goods contained in that consignment; and

 

10.1.3 RM500 (Five Hundred Ringgit Malaysia).

 

10.2 Where you have indicated that you would like a consignment of Goods to be insured while it is in the care of the Courier, we will arrange for our insurance policy to cover those Goods. The insurance will be provided to us by a third party insurer.

 

10.3 Where you place an order with a Supplier for delivery to your MES Services Address, it is your responsibility to ensure that the Supplier is given the correct MES Services Address. We shall not be responsible for any incorrectly labelled deliveries of Goods. We shall only arrange for our insurance policy to cover Goods where you have indicated in the format of your MES Services Address or when placing your order that insurance is required. We cannot be held liable for any mistakes in labelling made by the Supplier.

 

10.4 The cost of taking out any such insurance will include our administration fee for arranging that insurance. That administration fee and the overall cost of taking out such insurance is set out on the Site. If you indicate on the Site that you have read and agreed to these Terms of Trade, you will also indicate that you have read and agree the insurance policy's Policy Summary and Insurance Conditions, each of which may be amended from time to time. It is your responsibility to check the terms of the insurance set out in those documents (including the specific exclusions) and to make sure that your Goods are adequately protected under the policy. If there are any material facts and circumstances relevant to the insurance cover, you should notify us of them immediately after placing your order with the Supplier. You may request that we cancel the insurance at any time before the collection of your Goods from us by the Courier.

 

10.5 If you would like us to make a claim on the insurance policy on our behalf, you should notify us within 14 days of actual or scheduled delivery of the Goods (whichever is earlier). We will then make a claim on our policy on your behalf within the 30 day period under the policy. You will be required to cooperate fully with us, and any person appointed by the insurer or Courier, in respect of the claim.

 

10.6 If the claim is rejected by the insurer, you agree that we shall have no liability to you in respect of that claim.

 

10.7 The option to repair, replace or compensate you for lost or damaged Goods is at our discretion.

 

10.8 Nothing in this Agreement will limit or exclude our liability to you for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation.

 

 

11 General

 

11.1 We may engage agents and/or sub-contractors to perform all or any part of the Services and such agents and/or sub-contractors (including Couriers) will be entitled to the protection of all the terms in these Terms of Trade, which exclude or limit our liability.

 

11.2 Any formal legal notices should be sent to us at the address at the end of these Terms of Trade by email and confirmed by post.

 

11.3 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms of Trade.

 

11.4 If any part of these Terms of Trade is found to be unenforceable as a matter of law, all other parts of these Terms of Trade shall be unaffected and shall remain in force.

 

11.5 You and us agree that Malaysian law applies to these Terms of Trade and that any dispute between us arising out of or in connection with these Terms of Trade will only be dealt with by the Malaysian courts.

 

11.6 Nothing in these Terms of Trade is intended to, nor shall be deemed to, establish any partnership or joint venture between you and us, constitute any party the agent of the other party, nor authorise any party to make or enter into any commitments for or on behalf of the other party except as expressly provided in conditions 2.1.2 and 4.5.1.

 

 

12 How to contact us

 

12.1 Please feel free to contact us in any of the following ways: 

 

12.1.1 by email at info@malaysiaexpressshipping.com;

 

12.1.2 between the hours of 9:00 am and 5:00 pm (Malaysia time); or

 

12.1.3 or by writing to us at Malaysia Express Shipping Ltd, H5 Ash Tree Court, Nottingham Business Park, Nottingham, England, NG8 6PY

 

12.1.4 by phone at Hotline: +44 8708200305

 

13 Prohibited Goods

 

The following cannot be sent to any country

For country-specific restrictions, please see below.

Aerosols
Articles of exceptional value
Banderols/tax stickers
Batteries
Bearer form negotiable instruments
Bullion
Butane lighters
Clinical and medical waste
Corrosive substances
Counterfeit currency, bank notes and postage stamps
Counterfeit goods
Currency
Drugs - including all over-the-counter, prescription and legal drugs as well as illegal drugs/narcotics
Dry Ice
E-cigarettes and other battery-powered portable electronic smoking devices
Environmental Waste
Explosives and ammunition
Flammable liquids
Flammable solids
Furs
Gases
Growth hormone (human or animal)
Human remains
Indecent, obscene or offensive material
Infectious Substances
Legal or illegal highs
Living creatures
Living plants or organisms
Lottery tickets
Matches of any kind
Official documents (e.g. Passport, Driving license, Certificate of Incorporation, etc.) including both genuine and fake documents
Oxidising substances and organic peroxide
Pathogens
Perfumes and Aftershaves
Pesticides
Poisonous (toxic) and infectious substances
Poisons
Pornography
Precious metals and stones
Printer Cartridges
Radioactive materials
Real or imitation firearms, parts thereof
Sharp Instruments
Solvent-Based Paints and Inks
Tobacco and tobacco products
UN2814 or UN2900
Unidentified substances or items that in our opinion could be any of the other items on this list
Water-Based Paints and Inks

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